TH 



A-isr ^CT 



TO ESTABLISH AND MAINTAIN A SYSTEM OF 



Jj 



IN THE 

STATE OF ILLINOIS, 



AS AMENDED EEBRUAET 21, 1859. 



SPRINGFIELD: 

JAILHACHE & BAKER, PfimTE|lS. 

1859. '^ 



v 



IN RyCHA,MG' 



ujv 37 1904 

D, of.!), 



TO ESTABLISH A:^rD MAH^TAIInT A SYSTEM OF 

FREE SCHOOLS. 



STATE SUPERrNTENDENT OF PUBLIC INSTEUCTION HIS ELEC- 
TION AND DUTIES. 

Section 1. Be it enacted Ijy the 2Jeo])le of the state of 
Illinois^ rejjresented in the General Assembly. That at the 
dectiou to be held on' Tuesday after the first Monday of ^erintendent ' 
November, A. D. 1858, and biennially thereafter, there shall 
be elected, by the legal voters of this state, a state superin- 
tendent of public instruction, who shall hold his office for 
two years, and until his successor is duly elected and quali- 
fied. 

§ 2. Before entering upon his duties, he shall take and To give bond, 
srfbscribe the usual oath of office, and shall also execute a 
bond, in the penalty of twenty-five thousand dollars, pay- 
at)le to the state of Illinois, with sureties to be approved by 
the governor, conditioned for the j)rompt discharge of his 
duties as superintendent of public instruction, and for the 
faithful application and disposition, according to law, of aE 
scTiool moneys that may come into his hands by virtue of 
his office ; said bond and oath shall be deposited with the 
secretary of state, and an action may be maintained thereon 
by the state, at any time, for a breach of the conditions 
thereof. 

§ 3. It shall be his duty to keep an office at the seat of Keep office .it 
government of the state, and to file all papers, reports and the seat of 
public documents transmitted to him by the school officers f;°^ernment. 
of the several counties, each year separately, and to keep 
and preserve all other public documents, books and .papers 
relative to schools, coming into his hands as state superin- 
tendent, and to hold the same in readiness to be exhibited 
to the governor, or to any committee of either house of the 
general assembly ; and shall keep a fair record of all mat- 
ters pertaining to the business of his office. 



1859. 



Pay over mo- 
neys. 



Advise with 
teaciiers. 



Supervision of 
c o m m n 
schools. 



Address circu- 
lar letters. 



E.eport to : 
ernor. 



rulee 
and regula- 
tions. 



§ 4. He shall, without delay, pay over all sums of money 
which may come into his hands by virtue of his office, to the 
officer or person entitled to receive the same, in such man- 
ner as may be prescribed by law. 

§ 5. He shall counsel and advise, in such manner as he 
may deem most advisable, with experienced and practical 
school teachers, as to the best manner of conducting common 
schools. 

§ 6. Said superintendent shall have the supervision of 
all the common and public schools in the state, and shall 
be the general adviser and assistant of school commissioners 
in the state ; he shall, from time to time, as he shall deem 
for the interest of schools, address circular letters to said, 
commissioners, giving advice as to the best manner of con- 
ducting schools, constructing school houses, furnishing the 
same, and procuring competent teachers. 

§ 7. Said state superintendent shall, before the fifteenth 
day of December of every year preceding that in which 
shall be holden a regular session of the general assembly, 
report to the governor the condition of schools in the sev- 
eral tounties of the state, the whole number of schools 
which have been taught in each county in each of the pre- 
ceding years, commencing on the first Monday of October; 
what part of said number haA'e been taught by males ex- 
clusively ; what part by females exclusively ; what part of 
said whole number have been taught by males and females 
at the same time ; and what part by males and females at 
different periods ; the number of scholars in attendance at 
said schools ; the number of white persons in each county 
under twenty-one years of age ; the amount of township 
and county fund ; the amiount of the interest of the state 
or common school fund, and of the interest of the township 
and of the county fund annually paid out ; the amount 
raised by an ad valorenn tax ; the whole amount annually 
expended for schools ; the number of school houses, their 
kind and condition ; the number of townships and parts of 
townships in each county ; the number ancl description of 
books and apparatus purchased for the use of schools and 
school libraries under the provisions of this act, the prices 
paid for the same, and total amount purchased, and what 
quantity and how distributed ; and the number and condi- 
tion of the libraries, together with such other information 
and suggestions as he may deem important in relation to 
the school laws, schools, and the means of promoting edu- 
cation throughout the state; which report shall be laid 
before the general assembly at each regular session. 

§ 8. The said state superintendent of public instructron 
shall make such rules and regulations as he may think 
necessary and expedient to carry into full effect the provi- 
sions of this act, and of all the laws which now are or may 
hereafter be in force for establishing and maintaining sch^ia 



5 1859. 

ill tliis state ; and the said superintendent shall have power, 

and it shall be his duty, to explain and interpret and deter- To interpret 

mine to all school commissioners, directors, township and 1'^,,^/!^^^ 

other school oincers, the true intent and meaning ot tJiis act, 

and their several duties enjoined thereby, and his decision 

shall be final, unless otherwise directed by the legislature, 

or reversed by a court of competent jurisdiction. 

§ 9. The said state superintendent shall have power to To cause 
direct and cause the school commissioner of any county, ^iss°oneTs"o 
directors or board of trustees or township treasurer of any w i t h h o i a 
township, or other school officer, to withhold from any funds. 
officer, or township, or teacher, any part of the common 
school, or township, or other school fund, until such officer, 
township, or teacher, shall have complied with all the pro- 
visions of this act relating to his, her or their duties, and 
such rules and regulations as the state superintendent may 
prescribe, not inconsistent with this act ; and the state 
superintendent may forbid the payment of any part of the 
common school, township, county, or other school fund, to 
any district in which the school or schools have not been 
kept according to law, or in which no school has been kept 
for six months during the year next preceding the demand 
foi' payment. 

§ 10. And the said state superintendent shall receive Salary of su- 
annually the sum of fifteen hundred dollars, to be paid quar- penntendeuc 
terly, as a salary for the services required under the provi- 
sions of this act, or any other law that may be passed, and 
also for all necessary contingent expenses, for books, postage 
and stationery pertaining to his office, to be audited and 
paid by the state, as the salaries and contingent expenses of 
other officers are ]3aid. 

SCHOOL COISEVIISSIOKEJKS— THEIK ELECTION AND DUTIES. 

I 11. On the Tuesday next after the first Monday in Election of 
I^ovember next, and on the Tuesday next after the first school com 
Monday in I^ovember, every two years thereafter, there mi^sioner. 
shall be elected, by the qualified voters of each and every 
coTinty in this state, a school commissioner, who shall execute 
the duties herein required. He shah, before entering upon 
his duties, take an oath for the faithful discharge of his 
duties. He shall, before entering upon his duties, execute a 
bond, payable to the state of Illinois, with two or more re- To give bond, 
sponsible freeholders as security, to be approved b}" the 
county court, (or in counties adopting the township organi- 
zation, by the board of supervisors,) in a penalty of not less 
than twelve thousand dollars, to be increased at the discre- 
tion of said court, in proportion to his responsibilities, con- 
ditioned that he will faithfully perform all the duties of 
school commissioner of said county, according to the laws 
#hiqh are or may be in force ; by which bond the obligors 



1859. 6 

shall be bound jointly and severally, ^tid upon wliicli aii 
action or actions may be maintained by the board of trus- 
tees of the proper township, for the use of any township or 
fund injured by any breach thereof; and joint action may 
be had for two or more funds.- 

§ 12. The bond required in the foregoing section shall 
be in the folllowing form, viz : 

State op Illinois, ? 

County. ^ 

Form of bondi Know all men by these presents, that we, A B, C D, and E F, are heM and 
firmly bound, jointly and severallv, unto the people of the state of Illinote, 

in the penal sum of -i— ^dollars, to the payment of which we bind oup- 

fselves, our heirs, executors and administrators, firmly by these presents. lii 

witness whereof we have hereunto set our hands and seals, this day 

of -, 1. D, 185-^. 

The condition of the aboVe obli.Ecation is such, that if the above boundBn 
A B, school commissioner of the county aforesaid, shall faithfully discharge 
all the duties of said office according to the laws which now are, or may 
hereafter be in force, and shall deliver over to his successor in oflSce all 
moneys, books, papers and property in his hands as such school commis- 
sioner, then this obligation to be void ; otherwise to remain in full force and 
virtue. 

A '■ — B , [seal.] 

C D , [SEAL.i 

E F , [seal.] 

And iviicli borid stall be filed in the office of the county 
court. 

Liable to re g -j^g_ ijl^^ g.-^-^l commissioner shall be liable to removal 
by the- county court^ ( or in counties adopting townshi]) or-- 
ganization, by the board of supervisors, ) for any j^alpabte 
violatioti of law or omission of duty ; and if a majority of 
said cotirt or board of supervisors shall at any time be satis- 
tied that his bond is insufl&cient, it shall be his duty, on 
notice, to execute a new bond, to be payable, conditioned 
and approved as the first bond ; the execution of which, 
shall not affect ihQ old bond, or the liability cf the security 
thereof; and when the office of school commissioner shall 

Vacancy to be Ijecome vacant by death, resignation, or otherwise, tlie 
poi^ntmeni*^' couiity coui't, or board of supervisors, shall fill the same by 
appointmeut for the unexpired term, 'and the person so ap- 
pointed shall hold his office until his successor shall be 
qualified^ 

m„ „ „ ..„ § 14. The said commissioner shall provide three well 

io provide ,"1,1 ,1 ii- iiii a 

books to keep bouud Doolcs, to DC knoWu and designated by the letters A, 
an account of B, C, for the following purposes : In book A he shall re- 
^les of lands ^qj^,^j ^^^ leiigth all petitions presented to him for the sale of 
received. commoii school lands, and the plats and certificates of valua- 
tion made by or under the direction of the trustees of 
schools^ and the affidavits in relation to the same. In book 
B he shall keep an account of all sales of common school 
lands ; which account shall contain the date of sale, name 
of purchaser, description of lands sold, and the sum sold 
for. In book C he shall keep a regular account of all 



^ 1859. 

moneys received for lands sold, or otherwise, and loaned or 
paid out ; the person of whom received, and on what ac- 
count, and showing whether it is principal or interest ; the 
person to whom loaned, the time for which the loan was 
made, the rate of interest, the names of the securities when 
personal security is taken, or if real estate is taken as secur- 
ity, a description of said real estate, and if paid out, to 
whom, when, and on what account, and the amount paid 
out ; the list of sales, and the accounts of each township 
mnd to be kept separate. Said books shall be paid for out 
of the county treasury of the counties in which they are 
used. 

§ 15. "Whenever the bond of the township treasurer, g^^^jp l^^^. 
approved by the board of trustees of schools, as required by surer. 
law, shall be delivered by the trustees of schools, or either 
of them, to the school commissioner, he shall receive and 
file the same with the papers of his office. He shall then, 
on demand, deliver to said township treasurer, who shall 
receipt therefor, all moneys in his hands belonging to said 
township ; also, all bonds, mortgages, notes and securities 
Df every description, for money or property due or to be- 
come due the township, and all papers of every description 
belonging to or in anywise, pertaining to the rights or inter- 
ests of said township ; and the receipt of said treasurer to 
the school commissioner shall be carefully preserved, and 
shall be evidence of the facts therein stated, as well in favor 
of the school commissioner as against the township treasurer. 

§16. Upon the receipt of the amount due upon the School com- 
auditors warrant, the school commissioner shali apportion apportioia 
one-third of said amount to the several townships and parts state funds. 
of townships in his county, in proportion to the number of 
acres in said to^mships and parts of townships, and the re- 
mainino' two-thirds to the several townships and fractional 
townships in his county, according to the number of white 
children, under twenty-one years of age, returned to him, 
in which townships or parts of townships schools have been 
kept in accordance with the provisions of this act, and with 
the instructions of the state and county superintendentSj 
and shall pay over the distributive share belonging to each 
township and fractional township, as aforesaid to the respec- 
tive township treasurers^ or other authorized persons, an- 
nually. When there is a county fund in the hands of any 
school commissioner, it shall be loaned, and the interest ap- 
plied as provided in this section with respect to the interest 
on the state fund. 

§ 17. The school commissioner shall also, on or before To report to 
the second Monday of JSTovember, before each regular ses- supenntend- 
sion of the general assemxbly, or annually, if so required by 
the state superintendent, communicate to said superintend- 
ent all such information and statistics upon the subjects of 
schools in the county as the said superintendent is bound to 



1859. 8 

embody in his report to the governor, and snch other in- 
formation as the state superintendent shall require. 
To deli ve r § 18. The school commissioner, npon his removal or re- 
''^d^ r™ert^ signation, or at the expiration of his term of service, (or in 
to successor^ case of liis death, his representatives, ) shall deliver over to 
his successor in ofhce, on demand, all moneys, books, papers 
and personal property, belonging to the office, or subject to 
the control or disposition of the school commissioner. 
To loan funds. § 19. The scliool commissioner may loan any money, 
not interest, belonging to the county fund, before the same 
is called for according to lavs^ by the township treasurer, at 
the same rate of interest, upon the same security and for 
the same length of time as is provided by this act in rela>- 
tion to the township treasurers ; and notes and mortgages 
taken in the name of the " school commissioner" of the 
proper county, shall be, and all loans heretofore made in the 
name of " school commissioners, " are hereby, declared to 
be as valid as if taken in the name of " trustees of schools '" 
of the proper township, and suits may be brought in the 
name ol "school commissioners" on all notes and mortn 
gages heretofore or hereafter made payable to school com- 
missioners 
To visit § 20. it shall be the duty of the school commissioner to 
schools in his yigit, as often as practicable, the several schools of his 
sounty. county, and to note the common method of instruction and 

branches taught, and give such directions in the art of 
teaching, and the method thereof, in each school, as to him, 
together with the directors, shall be deemed expedient and 
necessary, so that each school shall be equal to the grade 
for which it was estabhshed, and that there may be,_as far 
as practicable, uniformity in the course of studies in the 
schools of the several grades respectively, and shall carry- 
out the advice and instructions of the state superintendents 
Duty, m case § 21^ In all cases where the township board of trustees 
'f a^k^r'S-e" °^' ^^^y township shall fail to prepare and forward, or cause 
turns, ^ ^ "^ ' to be prepared and forwarded, to the school commissioner.^ 
the information and statistics required of them in this act,- 
it shall be the duty of said school commissioner to employ a 
competent person to take the enumeration, and furnish said 
statistical statement, as far as practicable, to the commis- 
sioner ; and said person so employed shall have free access 
to the books and papers of said township, to enable him to 
make such statement ; and the township treasurer, or other 
officer or person in whose custody such books and papers 
may be, shall permit said person to examine such books and 
papers, at such times and places as such person may desire, 
for the purposes aforesaid ; and the said school commissioner 
Compensation shall allow, and pay, to the person so employed by him, for 
the services, such amount as he may judge reasonable, out 
of any money which is or may como into said commis- 



9 1859. 

sioner's hands, apjDortioned as the share of or belonging to 
such township ; and the said school commissioner shall pro-- 
ceed to recover and collect the amount so allowed or paid 
for snch services, iii a civil action before any justice of the 
peace in the county, or before any court having jurisdic- 
tion, in the name of the people of the state of Illinois, of 
and against the the trustees of schools of said township, in 
their individual caj^acity ; and in such suit or suits the said 
school commissioner ancl township treasurer shall be com- 
petent witnesses; and the money so recovered, when col- 
lected, shall be paid over to the school commissioner, for the 
benefit of said township, to replace the money taken as 
aforesaid. 

§ 22. When any real estate shall have been taken for May resell real 
debts due to any school fund, the title to which real estate estate. 
has become vested in any school commissioner, or trustees 
of schools, for the use of the inhabitants of two or more 
townships, the school commiissioner may resell such real 
estate for the benefit of said townshijDS, under the provisions 
of this act regulating the sale of the common school lands ; 
and the said commissioner is hereby authorized to execute 
conveyances to purchasers; and saicl commissioner shall be 
entitled to retain the same per centage on the amount of 
such sale, out of the assests thereof, as he is entitled to for 
selling the common school lands. 

TOWNSHIPS — TETJSTEES OF SCHOOLS. 

f 23. Each congressional township, as surveyed and laid Trustees mads 
off by authority of "the United States, is hereby established ^^^^ P°''*^"- 
a township for school ^purposes. The business of. the town- 
ship shall be done by three trustees, to be elected by the 
legal voters of the township; and the said township, uj^on 
the election of ti-ustees as aforesaid, as hereinafter provided 
for, shall be a body'corporate and politic, by the name and 

style of "trustees of schools of township ■^ , range ,'^ 

according to the number. The said corporation shall have 
perpetual existence, and shall have power to sue and be 
sued, to plead and be impleaded, in all courts and places 
where judicial proceedings are had. Said trustees shall 
continue in ofiice two years, and until others are elected and 
enter upon the duties of their office. 

§ 24. ]Sro person shall be eligible to the office of trustee Eligibility of 
of schools, unless he shall be twenty-one years of age, and trustees. 
a resident of the township. 

§ 26. The election of trustees of schools shall be on the Election of 
setond Monday in October, biennially, but in townships t^^tees. 
where such election has not been heretofore had,' or Avhere 
there are no trustees of schools, the election of trustees of 
schools may be holden on any Monday ; notice being given 
as hereinafter in this section required. The first election 



1859. 



10 



Proviso. 



Further 
vise. 



pre- 



judges and 
cl'ks of elec- 
tion. 



rime, &c , of 
election. 



Voters. 

Tie. 

YacancY. 



Poll book de- 
1 i V e r e d to 
commission' r 



sliall be ordered, if in townships already incorporated, hf 
the trustees of schools of the township, the township treas- 
urer giving notice of the time and place, by posting np no- 
tices of the same at least ten days i3revions to the day of 
election, at or in the school house, or in the most public 
place in every school district in the township. If there are 
no trustees of schools in a township, the clerk of the county 
court shall cause the notice to be given as aforesaid. For 
all subsequent elections, the like notices shall be given by 
the trustees of schools, through the township treasurer: 
Provided^ that if, npon any day appointed as aforesaid, for 
election aforesaid, the said trustees of schools, or judges^ 
shall be of opinion that, on account of the small attend- 
ance of voters, the public good requires it, or if the voters 
present, or a majority of them, shall desire it, they shall 
postpone saict election until the next Monday, and at the 
same place and honr ; at which meeting the voters shall 
proceed as if it were not a postponed or adjourned meeting: 
And., 'provided also^ that if notice shall not have been given 
as above required, then, and in that case, said election may 
be ordered as aforesaid, and holden on the first Monday in 
ISTovember, or any other Monday; notice thereof being 
given as aforesaid. 

§ 26. Two of the trustees of schools of incorporated 
townships, if present, shall act as judges, and one as clerk 
of said election. If said trustees shall fail to attend, or re^ 
fuse to act when present, and in townships unincorporated, 
the qualified voters present shall choose from amongst 
themselves, three judges and a clerk to open and condnct 
said election.. 

§ 27. The time ancl manner of opening, conducting and 
closing said election, and the several liabilities appertaining 
to the judges and clerks, and to the voters separately and 
collectively, and the manner of contesting said elections, 
shall be the same as jii'escribed by the general election laws 
of this state, defining the manner of electing magistrates 
and constables, so far as applicable, subject to the provisions 
of this act : Provided^ the judges may close said election 
at four o'clock, P. M. 

§ 28. ISTo person shall vote at said election unless lie 
possesses the qualification of a voter at a general election. 
In case of a tie at such election it shall be determined by 
lot, on the day of election, by the judges thereof. 

§ 29. When a vacancy or vacancies shall occur in the 
board of trustees of schools, the remaining trustee or trus^ 
tees shall order an election to fill such vacancy, upon any 
Monday; notice to be given as required in section twenty-^ 
five hereof* 

§ 30. Upon the election of trustees of schools, the 
judges of the election shall cause the poU book of said elec- 
tion to be delivered to the school commissioner of the 



11 1859. 

coiinty, witli a certificate thereon showing the election of 
said trustees, and names of the persons elected; which poll 
book, with the certificate, shall be filed by said commis- 
sioner, and shall be evidence of snch election. 

§ 31. The said trustees of schools, elected as aforesaid, ^^7^^^^/ 
shall be successors to the trustees of school lands, appointed successors^ 
by the county commissioners' court, and of trustees of 
ischools elected in townships under the provisions of " an 
act making- provisions for organizing and maintainiug com- 
mon schools " approved February 20, 1811, and of " an act to 
establish and maintain common schools, " approved March 
1, 1847. All rights of property, and rights and causes of 
action, existing or vested in the trustees of school lands, or 
trustees of schools appointed or elected as aforesaid for the 
use of the inhabitants of the township, or any part of them, 
shall vest in the trustees of schools as successors, in as full 
and complete a manner as was vested in the school commis- 
sioner, [the trustees of school lands,] or the trustees of 
schools appointed and elected as aforesaid. 

§ 32. It shall be the duty of the township board of trus- ^^^^ing of 
tees to hold regular semi-annual sessions on the first Mon- 
days of April and October in each year, and may meet at 
such other times^ and at such other places as they may think 
proper ; and the jDresident of the board, or any two mem- 
bers thereof, may call a special meeting of the board ; and 
at all meetings of the board, two of its members shall con- 
stitute a quorum to transact any business. Said board shall 
organize by appointing one of their number president, and 
some i)erson, who shall not be a director or member of the 
board, township treasurer, ^ho shall be ex-officio clerk of Qjgj,]joft,oard 
the board. The said president and township treasurer shall 
hold their respective otfices during the term for which that 
board of trustees, by which they are appointed, shall have 
been elected, and until their successors are appointed, aiid 
until their iiewly appointed treasurer has given bond as re- 
quired by this act ; either of said officers, however, for good 
cause, may be removed by the board. It shall be the duty 
of the president, when present, to preside at the meetings 
erf the board ; and it shall be the duty of the clerk to be 
present at all meetings of the board, and to record in a book 
to be provided for the purpose, all their ofiicial proceedings, 
which shall be a public record, open to the inspection of any 
person interested therein ; and all said proceedings, when 
recorded, shall be signed by the president and clerk. If 
the president or clerk shall be absent, or refuse to perform 
any of the duties of his office at any meeting of the board, 
a president or clerk, ^ro temiyore, may be appointed. 

§ 33. Trustees of schools shall lay ofl' the township into To prepare 
districts to suit the wishes and convenience of a majority of »i'^P. ^^^ 
the inhabitants of their townships, and shall prepare, or 
cause to be prepared, a map of their township, as often as 



1859, 12 

may be necessary, on which shall be designated districtaj 

to be styled district 'No. ■ , in township JSTo. , whicH 

they may alter or change at any regular session ; which map 
shall be certified by the president and clerk of the board, 
and filed with^ and recorded by the county clerk, in a book 
to be kept for that purpose, to be paid for out of the county 
School d i s - treasury : Provided, that school districts may be formed 
tricts may be out of parts of two or more townships or fractional town- 
twTor more ^^'^^V^ 5 in which case the trustees of th.Q schools of the town- 
townships, ships interested shall act in conjunction in the formation of 
such district. When a new district is formed from one or 
Funds to be more districts, the trustees shall make division of any tax 
pTopOTtion to ^^'^^^^ which are, or may be, in the hands of any officer, in 
taxes collect- proportion to the amount of taxes collected from the pro- 
ed. perty remaining in each district ; and it shall be the duty of 

the officer to pay the same on the order of the trustees. 
'^dTs t?i b ute § ^^' ^* ^^^^^ meeting on the first Monday of April and 
funds. October, the trustees, having ascertained the amount of 
state, county and township funds, on hand and ready for 
distribution, shall apportion the same as follows : First, two 
^r" M~i^°^ per cent, to the township treasurer : Second, whatever may 
be due for the books of the treasurer : Third, any reason- 
able amount for dividing school lands, making plats, &c. : 
Fourth, of the balance, one half shall be divided among the 
districts, in proportion to the number of children, under 
twenty-one, m each, and the other half in proportion to thB 
attendance certified in the schedules. Thereupon, the town- 
ship treasurer shall pay out the money to the several persona 
to whom it shall be distributed, and hold the balance, if any, 
apportioned on the schedules, subject to the order of the 
directors of the proper district. They shall also ascertain 
the amount of district tax money in the hands of the trea^ 
surer, and direct him to pay over the same on the order of 
the directors of the district to which it belongs. 
Pupils — how § ^'^- Pnpils may be transferred from one district to an- 
ttansferred. Other, either in the same or in different townships, upon the 
written consent of the directors of both districts. A school 
thus formed, shall be under the control of the directors of 
the district m which it is kept ; but each district shall be 
liable for its share of all the expenses of the school, in pro- 
portion to the number of scholars which it sends. A sepor- 
rate schedule shall be kept for each district, upon the return 
of which to the trustees of each township from which pupils 
are transferred, they shall each draw an order on their trekr 
surer, in favor of the treasurer of the township in which the 
school is kept, for the amount certified in the schedule. But 
a majority of the directors of the several districts may unite 
TJn'on dist's— the whole, or a part of each, into one, and place the' school 
I ow formedj under the control of the [three] persons whom 1 hey may- 
appoint, and who shall be styled "Directors of Union School, 
in District ISTo. — , in Township JSTo ■ , ' who shall Fe 



13 1859, 

a body politic and corporate, with full power to levy taxes 
in tlie territory composing the union district, and with all 
other jDowers conferred by this act upon directors. 

§ 30. The board of trustees of each township in tliis Trustees re- 
state shall prepare, or cause to be prepared by the township port to coun. 
ti-easurer, the clerk of the board, or other person and for- *7 commis. 
warded to the school commissioners of the county in which ^'°'^*^''^* 
the township lies, on or before the second Monday of Octo- 
ber, preceding each regular session of the general" assembly 
of this state, and at such other times as may be required by 
tlie school commissioner, or by the state superintendent of 
public instruction, a statement exhibiting the condition of 
schools in their respectiye townships for the preceding- bien- 
nial period, giving separately each year, conmiencing on the 
first Mondays of October and ending on the last of Septem- 
ber ; which statement shall be as follows : 1st. The whole 
number of schools which have been f aught in each year ; No. of schools, 
what i^art of said number have been taught by males exclu- 
sively ; what part have been taught by females exclusively ; 
what part of said whole number have been taught by males 
and females at the same thne, and what jDart by males and 
females at difierent periods. 2d. The whole number of 
scholars in attendance at ail the schools, giving the number No. of scholars 
of males and females separately. 3d. The number of male 
and female teachers, giving each separately ; the highest, No.of teachers 
lowest and average monthly compensation paid to male and 
female teachers, giving each item separately. 4th, The 
number of persons under twenty-one years of age. 6th. No. of persons 
The amount of the principal of the township fund ; the 
amount of the interest on the townshijo fund paid into the 
township treasury ; the amount of state or common school •^"^''^ °^ ^^"^®- 
fund received by the township treasurer ; the amount raised 
by ad valorem tax, and the amount of such tax received into 
the townshi]3 treasury, and the amount of all other funds 
received into the township treasury. 6th. Amount paid 
for teachers' wages ; the amount paid for school house lots ; paid out. 
t3ie amount paid for building, repairing, purchasing, renting 
and furnishing school houses; the amount paid for school 
apparatus, for books and other incidental ex23enses for the 
use of school libraries ; the amount paid as compensation to 
township ofiicers and others. Tth. The whole amount of 
the receipts and expenditures for school purposes, together Other informa. 
with such other statistics and information in regard to quh-'e/bythe 
Bchools as the state superintendent or school commissioner superintend- 
may require.. ^^^ 

§ 3Y. In all cases where a township is or shall be divided 
by a county line or lines, the board of trustees of such town- Separate enu- 
ehip shall make, or cause to be made, separate enumerations meration to 
of male and female white persons of the ages as directed in ^^ "'^^• 
the foregoing section of this act, designating separately the 
number residing in each of the comities in which such town- 



1859. U 

ship may lie, and forward each respective number to the 
proper school commissioner of each of said counties ; and in 
like manner, as far as practicable, all otlier statistics and in- 
formation enumerated and required to be reported in the 
aforesaid section, shall be separately reported to the several 
school commissioners ; and all such parts of said statistical 
information as are not susceptibie of division, and are im- 
practicable to be reported separately, shall be reported to the 
school commissioner of the county in which the sixteenth 
section of such township is situated, 

§ 38. At each semi-annual meeting, and at such other' 
meetings as they may think proper, the said township board 
vouchers^ "^o ^^^^^^ examine ail books, notes, mortgages, securities, papers, 
be examined, money s and effects of the corporation, and the accounts and 
vouchers of the township treasurer, or other township school 
officer, and shall make such order thereon for their security, 
preservation, collection, coiTection of errors, if any, and for 
their proper management, as may seem to said board neces- 
sary. 

§ 39. The board of trustees of each township in the state 
may receive any gift, grant, donation or demise made for the 
Donations. ^^^^ ^^ ^^^^ school or scliools, or library, or other school pur- 
poses witnin their jurisdiction ; and they shall be, and are 
hereby invested, in their corporate capacity, with the title, 
care and custody of all school houses and school house sites ; 
but the supervision and control of them is expressly vested 
The control of in the directors of each district in which said property is 
school houses situated ; and when in the opinion of the school directors, 
board of di- ^^^ school liouse site has become unnecessary, or unsuifc- 
rectors. able, or inconvenient for a school, said board shall sell and 

Convey the same in the name of the said board, after giving 
at least twenty days' notice of such sale, by ■ posting up 
written or printed notices thereof, particularly describing 
said property and terms of sale, and such conveyance shall 
be executed by the president and clerk of said board, and 
the avails shall be paid over to the township treasurer fbr 
the benefit of said district; and all conveyances of real 
estate, which may be made to said board shall be made to 
said board in their corporate name, and to their successors 
in office. When any two or more districts shall be consoli- 
dated into one, the new district shall own all the corporate 
property of the several districts; and when a district shall 
be divided, or a portion set off to another district, the 
funds, property, or the income and the j)roceeds thereof be- 
longing to such district shall be distributed or adjusted 
among, the several parts by the trustees of the town or 
towns to which such district belongs, and in a just and 
equitable manner. 
Money to be § 40, The township board shall cause all m.oneys for the 
paid to town- use of the townsliip to be paid over to the township treas- 
Bhip treasur'r -^j-qj.^ They shall have powder, also, to remove the township 



estate. 



15 1859, 

treasurer at any time, for any failure or refusal to execute or 
comply with any order or requisition of said board, legally 
made, or any other improper conduct in the discharge of 
his duty as treasurer, or at any time they may deem such 
removal expedient. They shall also have power, for any 
failure or refusal as aforesaid, to sue him upon his bond. 

§ 41. The township trustees are herel>y vested with gen- Trustees to 
eral power and authority to purchase real estate, if in tiieir purchase real 
opinion the interests of the townshij3 fund wiU be promoted 
thereby, in satisfaction of any judgment or decree wherein 
the said board or school commissioner are plaintiffs or com- 
plainants ; and the title of such real estate so purchased 
shall vest in said board, for the use of the inhabitants of 
said township, for school purposes ; and, all purchases of 
land heretofore made by school commissioners, or trustees 
of school lauds, or trustees of schools, for the use of any 
fund or township for the use of schools, are hereby declared 
valid. The said board are hereby vested with general 
power and authority to make all settlements with persons 
indebted to them in their ofhcial capacity ; or receive deeds 
of real estate in compromise ; and to cancel in such manner 
as they may think proper, notes, bonds, mortgages, judg- 
ments and decrees, existing, or that may herealter exist, for 
the beneht of the township, wnen the interest of said town- 
ghip, or the fund concerned, shall, in their opinion, require 
it; and their action shah be vahd, Said board of trustees 
are hereby authorized to lease or sell, at public auction, any 
land that may come into their possession, in such manner 
and on such terms as they shall deem for the interest of the 
township ; Fromded^ that in all cases of sale of land, as 
provided in this section, the sale shall be made at the same 
place, and notice given of it in the same manner as is pro- 
vided in this act lor the sale of the sixteenth section. 

SCHOOL DIKECTOES THEIE ELECTION AJSTD DUTIES, 

§42. It shall be the duty of the legal voters in such Election of di- 
[each] chstrict, to meet at the school house, or other conve- rectors, 
nient place in the district, on the lirst Monday of September 
next, and elect three persons within the district, to be styled 
"School Directors," one of whom shall hold his office for 
one year, one for two years, and one for three years, to be 
determined by lot at their tirst meeting. But at each sub- 
sequent annual election, on the hrst Monday of September, 
one director shall be elected, who shall hold his othce for 
three years, and until his successor is elected. The tirst 
d.ectiou, in newly formed districts, may be held on any Mon- ^^^^l' election, 
day, notice being given by the township treasurer, as for the thereof!^"*^*^^ 
election of trustees. The legal voters, when assembled, 
shall choose three of their number to act as judges, and one 
as clerk. In case of a tie, the judges shah decide it by lot, 



Proviso. 



1859. 16 

on tlie day of election. The directors sliall appoint one of 
their number clerk, who shall keep a record of all the official 
acts of the board, in a book provided for the purpose. In 
l^^otice to be alT elections in school districts, either for the regular annual 
given. election of directors, or for filling vacancies in the board, or 

for raising money to build school houses or to extend the 
terms of schools beyond six months, it shall be the duty of 
/^ the directors to give at least ten days' notice, by posting up 

'■••'^ advertisements in at least three of the most public places in 

Form of ^^® district. The notice shall state the place where such 

election is to be held, the^ time of opening and closing thfi 
polls, and the question or questions to be decided. IsTo per- 
"Who may vote SOU sliall be entitled to vote at any district election, on the 
to raise mo- qnestion of raisiiig money, unless he shall have resided in 
the district at least thirty days immediately preceding said 
election, nor unless he shall have paid a tax in said district 
the preceding year, or shall have been assessed in such 
district for the year in which such election is held. After 
every election of directors, the judges shall cause the poll 
book to be delivered to the township treasurer, with a cer- 
tificate thereon shoAving the election of said directors and 
names of the persons elected, which poll book shall be filed 
by the township treasurer, and shall be evidence of said elec- 
tion. If any trustee or director shall not be an inhabitant 
of the district or township which he represents, an election 
shall be ordered to fill the vacancy, and no person shall be 
at the same time a director and trustee, nor shall a director 
or trustee be interested in any contract made by the board 
of which he is a member. 
Directors may § 43. For the purpose of establishing and supporting 
levy taxes for jl^qq schools for six montlis, and defraying all the expenses 
poseT."^ ^^''' ^f t^i® same, of every description ; for the purpose of repair- 
ing and improving school houses; of procuring furniture, 
fuel, libraries and apparatus ; and for all other necessary 
incidental expenses, the directors of each district shall be 
authorized to levy a tax, annually, upon all the taxable pro- 
perty of the district. They may also appropriate to the pur- 
chase of lil^raries and apparatus, any surplus funds, after [all] 
necessary school ex|)enses are paid. 
Directors to § ^^° ^^ ^^^ meeting prior to the second Monday of 
make esti- September annually, the directors of each district shall as- 
mateoffmids certain how much money must be raised by special district 
reqmred. ^.^^^ i^^^ school purposes during the ensuing year. They shall 
then find what rate per cent, this amount will require to be 
levied ; which rate, together with a list of the resident tax 
payers, shall be certified and returned to the clerk of the 
county court, on or before the second Monday of September^ 
The certificate may be m the following form : 



17 1859. 

"Wc li('rel>y certify, that we require the rate of to be levied, for Certificate. 

school purposes, oil :'ll the taxable property of our district, for the year 18 — . 

Given uudiT uur hands this day of , 18 — . 

A. BA Directors district No. , township 

C. D.>- No. , range No. , county 

E. F.) of , and state of Illinois." 

Tlie money tlius raised shall be appropriated by the direc- 
tors to the various objects for which it was intended. 

§ 45. According to the rate or rates certified as afore- ^^^7 of coun- 
said, the said county clerk, when making out the tax books ^^ 
for the collector, should compute each taxable person's tax 
in said district, taking as a basis the total amount of taxable 
property returned by the county assessor for that year, lying 
and being in said district, whether belonging to residents or 
non-residents, and also each and everj^ tract of land assessed 
by the assessor, which lies, or the largest part of which lies 
in said district. The said county clerk shall cause each 
person's tax so computed to be set upon the tax book, to be 
delivered to the collector for that year, in a separate column, 
against each tax payer's name, or parcel of taxable pro- 
perty, as it appears in said collector's book, to be collected 
in the same manner, and at the same time, and by the same 
persons, as state and county taxes are collected : Promded^ Proviso, 
'the assessments so made in the years intervening between 
the regular biennial assessments of real estate as provided "^ 
in the revenue acts, shall be based upon the tax payer's real 
estate as assessed at the regular biennial assessment." The 
computations of each person's tax, and the levy made by 
the clerk, as aforesaid, shall be final and conclusive : Pro- 
vided^ farther^ the rate shall be uniform, and shall not ex- 
ceed tlie rate certified by the board of directors ; and the 
said county clerk, before delivering the tax book to the col- 
lector, shall make out and deliver, on demand, to each town- 
fihip treasurer, of the respective townships in the county, a 
certificate of the amount due each district in his township, 
of said tax so levied and placed upon the tax books ; and 
on or before the first day of April next after the delivery of 
the tax books containing the computation and levy of said 
taxes aforesaid, or so soon thereafter as the township treas- 
urer shall present the said certificate of the amount of said 
tax, and make a demand therefor, the said county collector 
shall pay to said township treasm-er the full amount of said 
tax, so certified by the county clerk, retaining from said 
amount only two per centum, as his fees for collection, 
taking of the township treasurer his receipt therefor, which 
receipt shall be evidence, as well in favor of the collector as 
against the township treasurer; and said treasurer shall 
enter the same in his books, under the proper heads, and 
pay the same out as provided for by this act. When a dig- Districts eom- 
trict is composed of parts of two or more townships the oT^'^mVre 
directors shall determine and inform the collector in wi'it- townships. 
—2 



1859. 



18 



Penalty. 



Proviso. 



ing, under tlieir liands as directors, wliich of the treasurers 
of the townships from which their district is formed shall 
demand and receive the tax money collected by the county 
collector as aforesaid. 

§ 46. If any collector shall fail to pay the amount of 
said tax, or any part thereof, as requu-ed in the aforesaid 
section, it shall be competent for the township treasurer, or 
other authorized person, to proceed against such collector 
and his securities in an action of debt in the county court ; 
which court is hereby yested with full power and authority 
to hear and determine all such suits, render judgments and 
issue execution ; or said suit may be brought in any other 
court having jurisdiction ; and the said collector, so in de- 
fault, shall pay twelve per centum upon the amount due, to 
be assessed, as damages, which shall be included in the 
judgment rendered against him : Provided^ no collector 
shall be liable for such part of said tax as he shall be able 
to make appear he could not have collected b}^ law until he 
may be able to so collect such amount. 

§ 47. When a district lies in two or more counties, the 
directors shall return to the clerk of the county court of each 
county the names of the resident tax payers in each. The 
clerk of each county shall then furnish the directors the 
amount of the taxable property of the district, lying in his 
Certificate to gQ^u^ty, as returned by the assessor of the pre\aous year, 
count^ clerk* The directors shall then determine and certify the rates to 
" be levied, and return the certificates to the clerk of each 
county. For the purpose of building school houses or pur- 
Directors may (.j^g^gjjjg gchool sites, or for repairing and improving the 
' same, the directors, by a vote of the people, may borrow 
money, issuing bonds executed by the officers or at least 
two members of the board, in sums of not less than one 
hundred dollars. But the rate of interest shall not exceed 
ten per cent., nor shall the sum borrowed in any one year 
exceed three per cent, of the taxable property of the dis- 
trict. Nor shall the tax levied in any one year for building 
a school house exceed two per cent, of said taxable jJi'Operty. 

48. The directors of each district are hereby declared a 

body corpo- body politic and corporate, by the name of " School directors 

Tate. of district No. , township No. , county of , and 

state of Ilhnois," and by that name may sue and be sued in 
all com'ts and places whatever. Two directors shall be a 
quorum for business. The directors shall be liable, as di- 
rectors, for the balance due teachers, and for all debts legal- 
ly contracted. They shall establish and keep in operation, 
for at least six months in each year, a sufficient number of 
free schools for all the children in the district, over the age 
of five and under twenty-one years. They may adopt all 
necessary rules and regulations for the management of the 
schools, and shall visit and inspect the same as often as 



ney. 



Direct'rs made 



Directors lia- 
ble for bal- 
an c e due 
'teachers, &c. 



19 1859. 

practicable. They shall appoint all teachers, fix the amount Powers of di- 
of their salaries, and may dismiss them for incompetency, '^^^^^'^s- 
cruelty, negligence or immorality. They may direct what 
branches shall be tauglit, and may suspend or expel pupils 
found guilty, on full examination, of refractory or incorrigi- 
bly bad conduct. No school site shall be purchased, nor 
shall a school house be erected, located, purchased or wiien vote 
changed, nor shall a tax be levied to extend schools beyond must be ta- 
six months, without the consent of a majority of the votes ®°* 
cast at an election, the notice of which shall state the ques- 
tions to be decided, and shall be given as required in the 
forty-second section of this act. 

OF JUDGAIENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES 
OR SCHOOL DIRECTORS. 

§ 49. If judgment shall be obtained against any town- Judgment and 
ship board of trustees or school directors, the party entitled ^^f c utioa 
to the benefit of such judgment may have execution there- tfeTaad dt 
for, as tbllows, to-wit: it shall be lawful for the court in rouiors. 
which such judgment shall be obtained, or to which such 
judgment shall be removed, by transcript or appeal Irom 
a justice of the peace or other court, to issue thencu a 
writ, commanding the directors, trustees and treasurer cf 
such township to cause the amoftnt thereof, with interest 
and costs, to be paid to the party entitled to the benefit 
of said judgment, out of any moneys, unappropriated, 
of said townships ; or if there be no such moneys, ou; of 
the first moneys appKcable to the payment of the kind of 
services or indebtedness for which such judgment sluiU be 
obtained, which shall be received for the use of sucli town, 
sliip ; and to enforce obedience to such writ by attachment- 
or by maadamics, requiring such board to levy a t.,x for the 
payment of said judgment ; and all legal process, as well as 
writs to enforce payments of a judgment, shaU be served 
either on the president or clerk of the board. 

EXAMINATION AND QUALIFICATION OF TEACHERS. 

§ 50. The school commissioner shall, either by himself Examinatioa 
or any person or persons whom he shall appoint, examine ^^'^^ ^^^' 
such person or persons proposing to teach a connnon school 
in the county, in relation to his or her quahfication to teach 
orthography, reading in English, penmanship, arithmetic, 
EngHsh grannnar, modern geography and the History of 
the United States; and if he or they shall be satisfied that 
such person sustains a good moral character, and is qualified 
properly to teach all the aforesaid branches, he or they shall 
give such j^erson a certificate of qualification ; which certi- 
ficate slnill l»e good and valid in said county for two years 



1859. 20 

from tlie date thereof, and said certificate may be renewed, 
at its expiration, by indorsement thereon by the said com- 
missioner or examiners. And the said commissioner may 
Commissioner revoke said certificate for gross immorality, incompetency, 
^rUficate! ^ ^^' other adequate cause. The said certificate to the teacher 
may be in the following form, viz : 

Formofcerti- ^, , . . , Illinois,- 18—. 

ficate. '■^^ undersigned having examined , and being satisfied that 

sustains a good moral character, hereby certify that is qualitied properly 

to teach the following branches, viz: orthography, reading in English, pen- 
manship, arithmetic, English grammar, modern geography, and the History 
of the United States ; which certificate is good and valid in said county for 
two years from the date hereof, renewable at the option of the school com- 
mi sioner, or of any two members of the board of examiners, by his or their 
indorsement thereon. 

Given under hand, at the date aforesaid. 

A B, School Commissioner. 

-jj, -r,' >■ JSxaminers. 

Proviso. I^ovided, that each and every school or schools, of what- 

ever grade, established or authorized to be estabhshed under 
the provisions of this act, shall be a school or schools for the 
purpose of teaching various branches of an English educa- 
tion ; and no part of the common school fund, township 
fund, or of any other school fund, shall be paid out or ap- 
propriated for the establishing, conducting, or the support- 
ing in any manner of any other character or class of school 
or schools, as aforesaid designated : Provided, that nothing 
herein contained shall prevent the teaching a foreign 
language in a common school, as aforesaid. 

Meetings for § ^1- ^^ shall be the duty of the school commissioner to 

examination fix upon the time of holding meetings for the examination 

of teachers, ^f teachers, in such places in their respective counties, as 

will, in their opinion, best accommodate the greatest number 

Publication of of candidates for examination ; notice of all such meetings 
notice. having been published in some newspaper of general cir- 

culation ; and all teachers who do not attend at the ap- 
pointed time for said examination, shall pay to the school 
commissioner one dollar for their certificate. 

TEACHERS THEIK DUTIES. 

Exhibit certi- § 52, 1^0 teacher shall be entitled to any portion of the 
ficate. common school or township fund, or other public fund, or 

be employed to teach any school under the control of any 
board of directors of any school district in this state, who 
shall not, before his employment, exhibit to said board, or 
to a committee of said board, a certificate of qualification 
obtained under the provisions of this act ; nor shall any 
teacher be paid any portion of the school or public fund 
aforesaid, unless he shall have kept and furnished schedules 



21 



1859. 



as herein directed: Provided^ if the directors of a district Proviso, 
shall certify that they are unable to procure a teacher com- 
petent to teach the branches required by this act, the com- 
missioner shall issue a certificate of qualiiication to teach 
such branches as said directors may specify; which cer- 
tificate shall be vaUd only is said district, and for one year, 

§ 53. Teachers shall make schedules of the names of all Schedules, 
scholars under twenty-one years of age, attending their 
schools, in the form prescribed by this act; and when 
scholars reside in two or more districts, townships or coun- 
ties, separate schedules shall be kept for each district, town- 
ship or county, and the absence or presence of every scholar 
shaU be set down under the proper date, and opposite the 
name, on every day that school is open, and the absence of 
a scholar shall be signified by a blank — the presence by a 
mark. The schedule to be made and returned by the 
teacher shall be, as near as circumstances will permit, in the 
following form, viz : 

SCHEDULE of a common school kept hy A B, at , in district number Form of fsche- 

, in to'wnship number , range nutnher , of the pi incipal dule. 

meridian, in the county of , in tJve state of Illinois. 





m 


to 


t^ 


GO 


OJ 


M 


CO 


^ 


lO 


OT 


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O 






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W 


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o 

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o 


Names of scholars at- 




























3 
















tending my school, 


P 


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:: 


Z 


S 


S 


- 


- 


- 


:; 


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and residing xn dis- 


cS 




^ 










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trict number , in 

township north, 


>k 




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ca 
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ca 

15 






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03 


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73 


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•TS 


county. 


a 
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1 
1 


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1 


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1 


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1 


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1 


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1 
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1 


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1 
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John Smith 


14 




11 


Sarah Dnnforth 


20 


Mary Newman.... 


1 


1 


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1 


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19 



Grand total number of days 64 



And said teacher shall add up and set down the whole 
number of days' attendance of each scholar, and add up 
said whole numbers, and make out the grand total number 
of days' attendance, as in the form above prescribed, and 
shall attach thereto his certificate, which shall be in the fol- 
lowing form, viz : 

I certify that the foregoing schedule of scholars attending my school, as 
therein named, and residing as specified in said schedule, to the best of my 
knowledge and belief, is correct ; and that it was a school for the purpose of 
teaching various branches of an English education. 

A B, Teacher. 



1859. 22 

Schedules to When tlie teaclier shall have completed his or her sched- 
t^d^^^^t^r*^ iile or schedules, as above required, he or she shall deliver 
it to some one of the directors, and it shall be the duty of 
said director, in connection with one other director of^ the 
board, to carefully examine such schedule or schedules, and, 
after correcting all errors, and if they shall find such 
• schedule to have been kept according to law, they shall 
certiiy to the same, as near as practicable, in the following 
form, viz : 

rorraof certi- State of Illinois > ^ 
ficate County, S 

We, the undersigned directors of , in township number , 

range number , in the county aforesaid, certify that we have examined 

the foregoing schedule, and find the same to be correct, and that the school 
was conducted according to law. That there is now due said C D, teacher, 

as per contract, the sum of dollars and cents, and that the 

said teacher has a legal certificate of good moral character, and of qualifica- 
tion to teach a common school (or of such a grade as the case may be). 

Witness our hands, this ' day of , A. D. 185 — . 

n' T» ' c Directors. 

Schedules to Which schedule or schedules, certified as aforesaid by at 
be filed. least two directors, shall be filed by said directors with the 
township treasurer ; and until such schedule and report, as 
aforesaid, shall have been filed as aforesaid, it shall not be 
lawful for said treasurer to pay said teacher, or any two 
members thereof to draw an order in favor of said teacher. 
Directors lim- § ^^- School directors shall certify no schedule that 
ited as to reaches back to a time more than six months from the time 
date of sche- fixed by law for the regular return and presentation of 
duie. schedules to the school directors. Schedules made and cer- 

tified, as aforesaid, shall, at least two days before the first 
Monday in April and October, be delivered by the directors 
to the township treasurer. 

TOWNSHIP TEEASUKEK HIS DUTIES. 

Treasurers to § S5. The township treasurer appointed by the board of 
give bond, trustees, shall, before entering upon his duties, execute a 
bond, with two or more freeholders, who shall not be mem- 
bers of the board, as securities, payable to the boai'd of the 
township for which he is appointed treasurer, with a suffi- 
cient penalty to cover all liabilities which may be incurred, 
conditioned faithfully to perform all the duties of township 

treasurer, in township , range , in 

county, according to law. The security shall be approved 
by at least a majority of the board, and shall be delivered 
by one of the trustees to the school commissioner of the 
proper county. And in all cases where such treasurer afore- 
said is to have the custody of all bonds, mortgages, moneys 
and efiects denominated principal, and belonging to the 



23 1859. 

township for wliicli lie is appointed treasurer, the penalty of 
said treasurer's bond shall be twice the amount of said bonds, 
notes, mortgages, moneys and effects. And every township 
treasurer appointed subsequent to the first, as herein pro- 
vided, shall execute bond, with security, as is recjuired of 
the first treasurer. The bond required in this section shall 
be in the following form, viz : 

State of Illinois, \ 

County, J 

Enow all men by these presents, that we, A B, D and E F, are held and Form of bond. 

firmly bound, jointly and severally, unto the board of , in said county, 

in the penal sum of dollars, for the payment of which we bind our- 
selves, our heirs, executors and administrators, firmly by these presents. In 

witness whereof, we have hereunto set our hands and seals this day of 

, A. D. 18—. 

The condition of the above obligation is such, that if the above bounden 

A B, township treasurer of township , range , in the county 

aforesaid, shall faithfully discharge all the duties of said ofiBce, according to 
the laws which now are or may hereafter be in force, and shall deliver to his 
successor in office all moneys, books, papers, securities and property in his 
hands ns such township treasurer, then this obligation to be void, otherwise 
to remain in full force and virtue. 

A. B. [seal.] 
C. D. [seal.] 
E. F. [seal.] 
Approved and accepted by 

G. H.,'j 

I. J., y Trustees. 

K. L.,J 

§ 56. Every township treasurer shall provide himself '^^ P^J^*^"^^^^^ 
with two well bound books, the one to be called a cash book, ^^^^ account 
the other a loan book. He shall charge himself in the cash of money re- 
book with all moneys received, stating the charge, when, ceived. 
from whom and on what account received ; and credit him- 
self with all moneys paid or loaned, the amount loaned, the 
date of the loan, the rate of interest, the time when payable, 
the name of the securities, or if real estate be taken, a de- 
scription of the same. He shall also enter in separate ac- 
counts moneys received and moneys paid out, charging the 
first to debit account, and crediting the latter as follows, to- 
wit: 1st. The principal of the township fund, when paid 
in, and when paid out. 2d. The interest of the township 
fund, when received and when paid out. 3d. The common 
school fund, and other funds, when received from the school 
commissioner, and when paid out. 4th. The taxes receiv- 
ed from the county collector, distinguishing between that 
for general school purposes and that levied for the purpose 
of piolonging schools. 5th. Donations received. 6th. 
Moneys coming from all other sources ; and in all cases en- 
tering the date when received and when paid out ; and he 
shall also arrange and keep his books and accounts in such 
other manner as may be directed by the state or county 
superintendent, or the board of trustees. He shall also pro- 



1859. 



24 



vide a book, to be called a journal, in whicli he shall record 
fully and at length the acts and proceedings of the board, 
their orders, by-laws and resolutions ; which book shall be 
at all times subject to the inspection of said board, or other 
persons authorized by this act, or of any committee ap- 
pointed by the inhabitants of the township to examine the 
same. And he shall also provide a boc/k to be called a 
record, in which he shall enter a brief description of all 
notes or bonds belonging to the township, and upon the op- 
posite page he shall note down when paid, or any remarks 
to show where or in what condition it is, as in the following 
form, viz: 



FOfEQ. 



Makers' 
names. 


Date of note, 


When due. 


Amount. 


Remarks. 


A B, C D, 

EF. 


January 1st, 
185-. 


January Isl, 
185-. 


|90 00 


January 6, 185-, hand- 
ed to I J, esq , for collec- 
tion (or Jan. ti, 1 85-, paid). 



To loan funds. § 57. The township treasurers shall loan, upon the fol- 
lowing conditions, all moneys which shall come to their 
hands by virtue of their office, except such as may be sub- 
ject to distribution. The rate of interest shall be ten per 
centum per annum, payable half yearly in advance. The 
time for which loans shall be made shall not be less than six 
months nor more than live years. For all sums not exceed- 
ing one hundred dollars, loaned for not more than one year, 
two responsible securities shall be given ; for all sums over 
one hundred dollars and for all loans for more than one 
year, security shall be given by mortgage on i-eai estate, un- 
incumbered, in value double the amount loaned, with a con- 
dition that in case additional security shall at any time be 
required, the same shall be given to tlie satisfaction of the 
board of trustees for the time being. ISotes, bonds, mort- 
gages and other securities taken for money or other pro- 
perty, due or to become due to the board of trustees for the 
township, shall be payable to the said board by their corpor- 
ate name; and in such name suits, actions and complaints, 
and every description of legal proceedings, may be had for 
the recovery of money, the breach of contracts, and for 
every legal liability which may at any time arise or exist, 
or upon which a right of action shall accrue to the use of 

Proviso. this corporation: Provided^ however^ that notes, bonds, 

mortgages and other securities in which the name of the 
school commissioner, or of the trustees of schools, are insert- 
ed, shall be valid to all intents and purposes ; and suit shall 
be brought in the name of the board of trustees as aforesaid. 
The wife of the mortgager (if he has one) shall join in the 



25 1859. 



mortgage given to secure the ]3ayment of money loaned by 
virtue of tlie provisions of this act. 

§ 58. Mortgages to secure the payment of money loaned 
under the provisions of this act may be in the following 
form, viz : 

I, A B, of the county of , and state of , do hereby grant, con- 

vey and transfer to the board of trustees of township , range , ^^^"^ ^^ mort- 

in the county of , and state of Illinois, for the use of the inhabitants S^g®- 

of said township, the following described real estate, to wit : (Here insert 
premises.) Which real estate I declare to be in mortgage for the payment of 

dollars loaned to me, and for the payment of all interest that may accrue 

thereon, to be co'.nputed at the rate of per cent, per annum until paid. 

And I do hereby covenant to pay the said sum of money in years from 

the date hereof, and to pay interest on the same at the rate aforesaid half- 
yearly in advance. I further covenant that I have a good and valid title to 
said estate, and that the same is free from all incumbrance ; and that I will 
pay all taxes and assessments which may be levied on said estate ; and that I 
will give any additional security that may at any time be required by said 
board of trustees ; and if said estate be sold to pay said debt, or any part 
thereof, or for any failure or refusal to comply with or perform the conditions 
or covenants herein contained, I will deliver immediate possession of the pre- 
mises ; and in consideration of the premises, C, wife of said A B, doth here- 
by release to the said board all her right and title of dower, in the afore- 
granted premises, for the purposes aforesaid. 

In testimony whereof we have hereunto set our hands and seals, this 

day of , 18—. 

A. B., [seal.] 
C. D., [seal.] 

"Which mortgage shall be acknowledged and recorded, as Mortgage to 
is required by law for other conveyances of real estate, the ^^ recorded, 
mortgager paying the expenses of acknowledgment and re- 
cording, and tifty cents as a fee to the township treasurer. 

§ 59. Upon the breach of any condition or stipulation 
contained in said mortgage, an action may be maintained 
and damages recovered as upon other covenants ; but mort- 
gages made in any other form to secure payment as afore- 
said shall be valid as if no form had been prescribed. In 
estimating the value of real estate mortgaged to secure the 
payment of money loaned under the provisions of this law, 
the value of improvements liable to be destroyed shall not 
be included. 

§ 60. In all cases where the board of trustees shall re- Additional se- 
quire additional security for the payment of money loaned, curity. 
and such security shall not be given, the township treasurer 
shall cause suit to be instituted for the recovery of the same, 
and all interest thereon, to the date of judgment: Provided, 
tiiat proof be made of the said requisition. In the payment 
of debts by executors and administrators, those due the 
common school or township fund shall have a preference 
over all other debts, except funeral and other exj^enses at- 
tending the last sickness, not including the physician's bill. 
And it shall be the duty of the township treasurer to attend 
at the oflace of the probate justice upon the proper day, as 



1869. 26 

otlier creditors, and have any debts dne as aforesaid pro- 
bated and classed, to be paid as aforesaid. 
Default in pay- g Qi^ jf default be made upon tlie payment of interest 

ment ot in- t ^ , -, ^ ^ -, ^-i"^ . . 

terest. *-^^^ upon money loaned by any school commissioner or 

township treasurer, or in the payment of the principal, in- 
terest at the rate of twelve per cent, per annum shall be 
charged upon the principal and interest from the day of de- 
fault, which shall be included in the assessment of damages, 
or in the judgment in suit or action brought upon the obli- 
gation to enforce payment thereof; and interest as aforesaid 
may be recovered in action brought to recover interest only. 
And the said township treasurers are hereby empowered to 

Bring suit. bring appropriate actions, in the name of the board of trus- 
tees, for the recovery of the half-yearly interest, when due 
and unpaid, without suing for the f»rincipal, in whatever 
form secured, and justices of the peace shall have jurisdic- 
tion in such cases of all sums under one hundred dollars. 

All suits and § 63. All suits brought, or actions instituted under the 
actions bi-o't provisions of this act, may be brought in the name of the 
m tne name f,-, i /? , , (^ , ^ • " <ii 

of tiie board, board 01 trustees ot township , range ," except 

as is provided for action qui tarn in this act, or in favor of 
school commissioners. The township treasurer shall de- 
mand, receive and safely keep, according to law, all moneys, 
books and papers of every description belonging to his 
township. He shall keep the township fund loaned at in- 
terest; and if on the first Monday of October in any year 
there shall be any interest or other funds on hand which 
shall not be required for distribution, such amount not re- 
quired, as aforesaid, may, if the board of trustees see pro- 
per, forever be considered as principal in the funds to which 
it belongs, and loaned as such. 
Statement to § ^3- ^^ the first Mondays of April and October, of 
be made in every year, the township treasurer shall lay before the board 
April and Oc- of trustees a statement, showing the amount of interest^ 
*° ^^' rents, issues and profits that have accrued or become due 

since their last regular half-yearly meeting on the township 
lands and township funds, and also the amount of state and 
county fund interest on hand. He shall also lay before the 
said trustees all books, notes, bonds, mortgages-, and all 
other evidence of indebtedness belonging to the township, 
for the examination of the trustees, and shall make such 
other statement as the board may require touching the 
duties of his office. 
Penalty. § 64. For any failure or refusal to perform all the duties 

required of township treasurer by law, he shall be liable to 
the board of trustees upon his bond, to be recovered by ac- 
tion of debt by said board, in their corporate name, for the 
use of the proper township, before any court having juris- 
diction of the amount of damages claimed ; but if said treas- 
urer, in any such failure or refusal, acted under and in con- 
formity to a requisition or order of said board or a majority 



27 ^ 1859. 

of them, entered upon tlieir journal and subscribed by their 
president and clerk, then and in that case the members of 
the said board aforesaid, or those of them voting for said 
requisition or order as aforesaid, and not the treasurer, .shall 
be Kable, jointly and severally, to the inhabitants of the 
township, to be recovered by action of assumjmt, in the 
official name of the school commissioner, for the use of the 
proper township. Bonds, mort- 

§65. When a township treasurer shall resign, or be re- gages, &c., to 
moved, and at the expiration of his term of office, he shall f^^y^fcelsors^ 
pay over to his successor in office all money on hand, and 
deliver over all books, notes, bonds, mortgages, and all other 
securities for money, and all papers and documents of every 
description, in which the corporation may have any interest 
whatever ; and in case of the death of the township treas- 
urer, his securities and legal representatives shall be bound 
to comply with the requisitions of this section. And for any 
failure to comply with the requisitions of this section, he 
shall be liable to a penalty of not less than ten nor more 
than one hundred dollars, at the discretion of the court be- 
fore which judgment may be obtained ; and the obtaining 
or payment of said judgment shall in no wise discharge or 
diminish the obligation of his official bond. 

TOWNSHIP AN-D COmSTTT SCHOOL FUNDS. 

§ <o<o. All bonds, notes, mortgages, and other evidences School fund to 
of indebtedness, moneys and effects, in the hands of any p^inc?pri^ in 
school commissioner, trustee of schools, township treasurer, certain cases. 
or other officer, or person, and belonging to any county 
or township, and which have heretofore accrued, or may 
hereafter accrue from the sale of the sixteenth section, 
or of the common school lands of any township or county, 
or for the sale of any real estate or other property taken for 
any debt, or on any judgment, due to the principal of any 
county or township fund, and all surplus interest and other 
funds which have been or shall hereafter be carried to and 
made part of the principal of any township or county funds, 
by any law which has heretofore been or may hereafter be 
enacted, in the hand of any county, township, or other 
officer or person, and belonging to any county or township, 
and ah sums arising from the loaning or reloaning of the 
principal of any township or county fund, are hereby de- 
clared to be and shall forever hereafter constitute the prin- 
cipal of the township or county fund, to whichever it may 
respectively belong, and no part thereof shall ever be dis- 
tributed or expended for any purpose, whatever, except the 
interest, rents and profits thereof, but shall be loaned out, 
and held to use, rent or profit, as herein, heretofore or may 
hereafter be provided by law. 



1859. 28 

School funds § 6Y, Scliool fiiiids coUected from taxes levied by the 
out on order *^i'<^^^'^ o^' ^-^^^ directors, or from the sale of property belong- 
of directors, i^^g to any district shall be paid out on the order of the 
directors ; and all moneys and school fmids, liable to distri- 
bution, not being principal, paid into the township treasury, 
or coming into the hands of the township treasurer, shall be 
paid out only on the order of the proper board, signed by a 
majority of the board, or their president and clerk ; and for 
all payments made, receipts shall be taken and filed ; and in 
all such orders shall be stated the purpose for which or on 
what account drawn ; and all such orders may be in the fol- 
lowing form, to-wit : 

Form of order. '^^^ treasurer of township number , range number , in 

county, will pay to or bearer, dollars and cents, (on his 

contract for repairing school house, or otherwise, as the case may be.^ 

By order of the board of said township. 

A B, President. 
C D, aerk. 

Order and re- "Which, together with the receipt of the person to whom 
ceipts to be p^id^ shall be filed in the office of the township treasurer. 

COMMON SCHOOL FUNDS. 

G m m o n § 68. The common school fund of this state shall consist 
school fund, ^f g^^^i^ g^j^ g^g -^ji]^ ]yQ produced by the annual levy and as- 
sessment of two mills upon each dollar's valuation of all the 
taxable property in the state; and there is hereby levied and 
assessed, annually, in addition to the revenue for state pur- 
poses, the said two mills upon each dollar's valuation of all 
the taxable property in the state, to be collected and paid, 
and the amount due from the state, according to a statement 
and settlement of the account between the state and that 
fund, under the provisions of an act, entitled " An act to 
provide for the distribution and application of the interest 
on the school, college and seminary fund, " approved on the 
seventh of February, one thousand eight hundred and 
thirty -five, and of all funds which have been or may be re- 
ceived by the state from the United States, for the use and 
support of common schools ; and also of the money added 
to the common school fund, which was received from the 
United States under an act of congress providing for the 
distribution of the surplus revenue of the United States, 
and which Was invested in bank stock by authority of the 
state, and of the amount added to the school fund under an 
act requiring the three per cent, fund to be invested in state 

ProTiso. bonds : Provided, that in cases where, heretofore, the state 

taxes have not been collected in any county, such county 
shall not be entitled to a distribution of the college, semin- 
ary and school fund, for the period of time that no such 
taxes have been collected, and that the portion of the fund 



29 1859. 

aforesaid shall in sucli cases be distributed witlioiit regard 
to such county. 

§ 69. The state shall pay an interest of six per cent, per State to pay 
annum upon the amount of the aforesaid common school ^^ ^^^^ ' 
funds, except on so much thereof as may be realized from 
the levy of the tax directed to be levied under the provisions 
of this act, which shall be paid annually, and ap23lied to the 
support of common schools, as herein provided. The state 
shall also pay, as aforesaid, and at the same time, an interest 
of six per centum per annum upon the amount due the col- 
lege and seminary fund ; which interest shall be loaned to 
the common school fund, and known in this law and applied 
in all cases as interest on the common school fund as afore- 
said. 

§ 70. On the first Monday in January, in each and every Duty of audi- 
year next after taking the census of the state, the auditor of *^^" 
public accounts shall, under the supervision of the commis- 
sioners of the school fund of the state, ascertain the number 
of white children in each county in the state under twenty 
years of age, and shall thereupon make a dividend to each 
county of two-thirds the sum from the tax leaded and col- 
lected under the provisions of the sixty-eighth section of 
this act; and the interest due on the school, college and 
seminary fund, in proportion to the number of white children 
in each county under the age aforesaid, and of the remain- 
ing one-third, in proj)ortion to the number of townshij)S and 
parts of townships in each county, and issue his warrant to 
the school commissioner of each county ujjon the collector 
thereof. And upon presentation of said warrant by the 
school commissioner to the collector of his county, said col- 
lector or treasurer shall pay over to the school commissioner 
the amount of said warrant out of the first specie funds 
which may be collected by him, and not otherwise appro- 
priated by law, taking said commissioner's receipt therefor ; 
and on settlement with the auditor, said collector shall be 
credited with the amount specified in said receipt, in the 
same manner as if it had been paid into the treasury. Div- 
idends shall be made as aforesaid, according to the propor- 
tions ascertained to be due to each county annually there- 
after, until another census shall have been taken, and then 
dividends shall be made and continued as aforesaid, accord- 
ing- to the last census : Provided, that if any collector sliall Proyiso. 
fail or refuse to pay, in gold or silver, the amount of the 
aforesaid warrant, or any part thereof, by the first day of 
March, annually, or so soon thereafter as it may be present- 
ed, it shall be competent for the school commissioner to pro- 
ceed against said collector and his securities, in an action of 
debt, in the county court ; which court is hereby vested with 
full 330 wer and authority to hear and determine all such 
suits, render judgment and issue execution ; or said suit may 



1859. 



30 



be brought in any court having jurisdiction; and the said 
collector shall pay twelve per centum, to be assessed as 
damages, upon the amount due, and which shall be included 
in the judgment obtained against him. 



compensatiojst of officeks. 



commiss ners 



Compensation § 71. Collectors of the two mill tax, authorized under 
of school section sixty-eight of this act, shall only be entitled to two 
per cent, on the amount collected by them, bchooi commis- 
sioners shall be allowed to retain, out of the township funds 
of the township for which the services may be rendered, 
three per cent, upon the amount of sales of school lands, 
and upon the real estate taken for debt, for their services in 
making such sales, including such other services connected 
therewith as are required by the provisions of this act, and 
two per cent, they may retain upon the amount of all sums 
distributed, paid or loaned out by them for the support of 
schools. 

§ 72. Township treasurers shall be allowed to retain two 
per cent, upon all sums paid out or loaned by them, except 
upon moneys raised by virtue of au}^ district tax ; but they 
shall not retain the said two per cent, unless the money is 
actually paid in and reloaned to another person : And, pro- 
vided also, that county treasurers shall not be entitled to any 
commissions upon school taxes collected and paid over to 
them by county or township collectors : Aoid "it is provided 
further, that the board of trustees may reduce said trea- 
surer's compensation ; and said boards shall, and it is here- 
by made their duty to make a reasonable allowance to said 
treasurers for their services performed as clerks of said 
boards, to be paid out of the township funds. School com- 
missioners, trustees of schools, school directors, and all other 
school officers, shall be exempted from working on the roads, 
serving on ju^ries and military duty. 



Township trea- 
surer. 



Proviso. 



LIABILITIES OF OFFICEES. 



Liabilities 
officers. 



of 



§ 73. If any school commissioner, trustee of schools, 
township treasurer, director, or any other person entrusted 
with the care, control, management or disposition of any 
school, college, seminary, or township fund, tor the use of 
any county, township, district or school, shall convert any 
such funds, or any portion thereof, to his own use, he shall 
be liable to indictment, and upon conviction, shall be fined 
in not less than double the amount of money converted, and 
imprisoned in the county jail not less than one nor more 
than twelve months, at the discretion of the court. 

§ 74. Trustees of schools shall be liable, jointly and sev- 
erally, for the sufficiency of securities taken from toT\niship 



31 1859. 

treasurers; and in case of judgment against said treasurers 
and their securities, for or on account of any default of any 
sucli treasurer, on which the money shall not be made for 
want of suflicient property whereon to levy execution, 
actions on the ease may be maintained against said trustees, 
jointly or severally, and the amount not collected on said 
judgment shall be recovered with costs : Provided^ that if 
said trustees can show, satisfactorily, that the security taken 
from the treasurer as aforesaid was, at the time of said tak- 
ing, good and sufficient, they shall not be liable as aforesaid. 

§ Y5. The real estate of school commissioners, of town- Lien upon real 
ship treasurers, and all other school officers, and of the se- estate from 
curities of each of them, shall be bound for the satisfaction ^^^^ ° ^^^' 
and payment of all claims and demands against said com- 
missioners and treasurers, and other officers, as such, from 
the date of issuing process against them, in actions or suits 
brought to recover such claims or demands, until satisfaction 
thereof be obtained ; and no sale or alienation of real estate 
by any commissioner, treasm'er or other officer, or security 
aforesaid, shall defeat the lien created by this section, but all 
and singidar such real estate held, owned or claimed as 
aforesaid, shall be liable to be sold in satisfaction of any 
judgment which may be obtained in such actions or suits. 

§ 76. Trustees of schools, or either of them, failing or Failure to 
refusing to make returns of children in their township, ac- make returns 
cording to the provisions of this act, or if either of them 
shall knowingly make a false return, the party so offending 
shall be liable to a penalty of not less than ten dollars nor 
more than one hundred dollars, to be recovered by action of 
assumpsit, before any justice of the peace of the county ; 
which penalty, when collected, shall be added to ihQ town- 
ship fund ; and if any school commissioner, director or 
trustee, or either of them, or other officer whose duty it is, 
shall negligently or willfully fail or refuse to make, furnish 
or communicate the statistics and information, or shall fail 
to discharge the duties enjoined upon them, or either of 
them, at the time and in the manner required by the provi- 
sions of this act, such delinquent or party offending shall be 
liable to a tine of twenty-five dollars, to be recovered before 
any justice of the peace, on information, in the name of the 
people of the state of Illinois, and when collected shall be 
paid to the school commissioner of the proper county, for 
the use of schools. 

§ 11. School commissioners, trustees of schools, directors ^y[ officers re- 
and township treasurers, or either of them, and any otlier sponsible, 
officer ha\ang charge of school funds or ]3roperty, shall be 
responsible for all losses sustained by any county, township 
or school fund, by reason of any failure on his or their part 
to perform the duties required of him or them by this act, or 
by any rule or regulation authorized to be made by this act ; 



1869. 32 

and eacli and every of tlie officers aforesaid sliall be liable 
for any such loss sustained as aforesaid, and the amount 
thereof may be recovered, in a civil action, before any court 
having jurisdiction thereof, at the suit of the state of Illi- 
nois, for the nse of the county, township or fund injured ; 
and the amount, when collected, shall be paid to the proper 
officer, for the beneiit of said county, township or fund in- 
jured. 

COSTS, TENURE OF OFFICEES AND CONTEACTS UNDER FORMER 

LAWS. 

§ Y8. 1^0 justice of the peace, probate justice, constable, 
%har°4V"i a clerk of any court, or sheriif, shall charge any costs in any 
eertain cases, suit where any agent of any school fund, suing for the re- 
covery of the same, or any interest due thereon, is plaintiff, 
and shall be, from any cause, unsuccessful in such suit. 
School commissioners appointed heretofore shall continue in 
office until superseded, according to the provisions of this 
act, and their duties, responsibilities and powers shall be 
governed by the provisions herein named. Trustees of 
T f office school lands heretofore appointed, and trustees of schools 
' heretofore elected, shall also continue to discharge the duties 
of their office until trustees of schools are elected under the 
provisions of this act. Townships heretofore incorporated 
shall, without any further action or proceeding, be consider- 
ed as incorporated under the provisions of this act, and the 
trustees and other officers shall continue to discharge their 
duties till suspended by appointment or election under this 
law; and all school directors and officers heretofore appoint- 
ed, shall continue in office until superseded by the election, 
as provided in this act, and shall be governed by the provi- 
■ sions of the laws heretofore in force, unless otherwise direct- 
Leases remain ed by this act. Leases of school lands shall remain valid 
ralid. and be executed according to the laws under which they 

were made. Common school lands, valued and offered for 
sale and remaining unsold, shah be sold upon terms pre- 
scribed by this act. All taxes levied and contracts made 
under the laws hereby repealed, shall remain valid, and all 
rights, remedies, defences, and causes of action existing, or 
which may hereafter exist or arise, under or by virtue of said 
repealed laws, shall continue and remain valid, and shaU. be 
enforced, notwithstanding the repeal of said laws, unless 
canceled according to the provisions of this act. 

OF CITIES AND INCORPORATED TOWNS. 

Of cities and § ^^' This act shall not be so construed as to repeal or 
incorporated change, in any respect, any special acts in relation to schools 
towni. in cities or incorporated towns, except that it shall be the 



33 1859. 

duty of tlie several boards of education or otlier officers of 
any city or incorporated town, having in charge schools 
under the provisions of any of the said special acts, or of 
any ordinance of any city or incorporated town, on or before 
the second Monday of October preceding each regular ses- 
sion of the general assembly of this state, or annually, if re- 
quired so to do by the state superintendent, to make out and 
render a statement of all such statistics and other informa- 
tion in regard to schools, and the enumeration of children 
or Avhite persons, as required to be communicated by town- 
ship boards of trustees or directors under the provisions of 
this act, or so much thereof as may be apphcable to said 
city or incorporated town, to the school commissioner of the 
county where such city or incorporated town, is situated, or 
of the county in which the larger part of such city or town 
is situated ; nor shall it be lawful for the county school com- 
missioner or any other officer or person to pay over any por- 
tion of the common school fund to any local treasurer, school 
agent, clerk,- board of education or other officer or person of 
any township, city or incorporated town, unless a report of 
the number of children or white persons, and other statistics 
relative to schools, and a statement of such other informa- 
tion as are required of the boards of trustees or dii-ectors, as 
aforesaid, and of other school officers and teachers under the 
provisions of this act, shall have been tiled at the time or 
times aioresaid, specified in this section, with the school com- 
missioner of the proper county, as aforesaid. 

§ 80. In townships in which^ there shall be persons of Schoolsofper- 
Golor, the board of trustees shall allow such persons a por- sons of color. 
tion of the school fund equal to the amount of taxes collect- 
ed for school ]3urposes from such persons of color in their 
respective townships. 

COMMON" SCHOOL LANDS. 

§'81. Section number sixteen in every township granted c o m m o a 
to the state by the United States for the use of schools, and school lands, 
such sections and parts of sections as have been or may be 
granted as aforesaid, in lieu of all or part of section number 
sixteen, and also the lands which have been or may be se- 
lected and granted as aforesaid, for the use of schools, to the 
inhabitants of fractional townships in which there is no sec- 
tion number sixteen, or where such section shall not contain 
the proper proportion for the use of schools in such frac- 
tional townships, shall be held as common school lands ; and 
the provisions of this act referring to common school lands 
shall be deemed to apply to the lands aforesaid. 

§ 82. All the business of such townships, so far as relales 
to common school lands, shall be transacted in that county 
which contains all or a greater portion of said lands. If 



1859. 34 

any person shall, witliout being duly aiitliorized, cut, fell, box^ 
bore, destroy or carry away any tree, sapling or log standing 
or being upon any scliool lands, such person shall forfeit 
and pay for every tree, sapling or log so felled, boxed, bored, 
destroyed or carried away, the sum of eight dollars; which 
penalty shall be recovered, with costs of suit, by an action 
of debt or assumpsit, before any justice of the peace having 
jurisdiction of the amount claimed, or in the county or cir- 
cuit court, either in the corporate name of the board of trus- 
tees of the townshi]3 to which the land belongs, or by action 
of qxd tmn^ in the name of any person who will first sue for 
the same — one-half for the use of the person suing, the 
other half to the use of the township aforesaid. When two 

Trespass. or more persons shall be concerned in the same trespass, 
they shall be jointly and severally liable for the penalty 
herein imposed. Every trespasser upon common school 
lands shall be liable to indictment, and, upon conviction, 
fined in three times the amount of the injury occasioned by 
said tres23ass, and shall stand committed as in other cases of 

Penalties. misdemeanor. All penalties and fines collected under the 
provisions of this section shall be paid to the township trea- 
surer, and be added to the principal of the township fund; 
and all other fines, penalties and forfeitures imposed or in- 
curred in any of the circuit courts of this state, or collected 
by justices of the peace or other county ofiicers, except fines 
collected in incorporated towns or cities for the violation of 
the by-laws or ordinances of said towns or cities, shall be 
paid to the school commissioner of the county where such 
fines, penalties and forfeitures have been collected, and the 
same shall be distributed by said commissioner in the same 
manner as the common school funds of the state are distri- 
buted; and if any county ofiicer or justice of the peace 
aforesaid shall fail or refuse to pay as aforesaid, after collec- 
tion, such ofiicer or justice of the peace, so faihng or refus- 
ing to pay as aforesaid, shall forfeit and pay double the 
amount of such fine, penalty or forfeiture as aforesaid, col- 
lected by him, to be recovered before any court having juris- 
diction, in a civil action, at the suit of the school commis- 
sioner. 

SALE or COMMON SCH007 LAjSTDS. 

Sale of school § ^^' When the inhabitants of any township or frac- 
lands. tional township shall desire the sale of the common school 

land of the township or fractional township, they shall pre- 
sent a petition to the school commissioner of the county in 
which the school lands of the township, or the greater part 
thej-eof, lie, for the sale thereof; which petition sLall be 
signed by at least two-thirds of the white male inhabitants 
of the township or fractional township, of and over twenty- 



35 1859' 

one years of age. The signing of tlie petition mnst be in 
the presence of two citizens of the township, after the true 
meaning thereof shall have been explained;! and when 
signed, an affidavit shall be affixed thereto by the two citi- 
zens, proving the signing in the manner aforesad, and stat- 
ing the nnmber of white male inhabitants in the township 
or fractional township, of and over twenty-one years of age ; 
and said petition, so proved, shall be delivered to the school 
commissioner for his action thereon : Provided^ that no Proviso, 
whole section shall be sold in any township containing less 
than two hundred inhabitants; and common school lands in 
fractional townships may be sold when the nnmber of inha- 
bitants and nnmber of acres are in the ratio of two hundred 
to six hundred and forty, but not before. 

§ 84. When the petition and affidavits are delivered to Trustees to di- 
the school commissioner as aforesaid, he shall notify the vide land 
trustees of said township thereof, and said trustees shall im- '°'^*^ ^°*^- 
mediately proceed to divide the land into tracts or lots of 
such form ap.d quantity as will produce the largest amount 
of money ; and after making such division, a correct plat of 
the same shall be made, representing all divisions, with each 
lot numbered and defined, so that its boundaries may be 
forever ascertained. Said trustees shall then fix a value on 
each lot, having regard to the terms of sale, certify to the 
correctness of the plat, stating the value of each lot per acre, 
or per lot, if less than one acre, and referring to and describ- 
ing the lot in the certificate, so as fully and clearly to dis- 
tinguish and identify each lot ; which plats and certificate 
shall be delivered to the school commissioner, and shall 
govern him in advertising and selling said lands. 

§ 85. In subdivdding common school lands for sale, no Subdivision of 
lot shall contain more than eighty acres, and the division lots. 
may be made into town or villa,ge lots, with roads, streets 
or alleys between them and through the same ; and aU such 
divisions, with all similar divisions hereafter made, are 
hereby declared legal ; and all such roads, streets and 
alleys, public highways. 

§ 86. The terms of selUng common school lands shall be Terms of sell- 
to the highest bidder, for cash, with iLe prinlege to each ing- 
purchaser of borrowing from the school commissioner the 
amount of his bid for any j)eriocl not less than one or more 
than five years, upon his paying interest and giving securi'ty, 
as in case of money loaned by township treasurer, as pro- 
vided in this act. 

§ 87. The place of selling common school lands shall be pi^ce 'of sell 
at the court house of the county in which the lands are sit- ing. 
uated ; or the trustees of schools may direct the sale to be 
made on the premises; and upon the reception by the 
school commissioner of the jDlat and certificate of valuation 
from the trustees, he shall proceed to advertise the said land 



1859. 36 

for sale, in lots, as divided' and laid off hj said trustees, by 

Notice. posting notices thereof in at least six public places m the 

conntv, f ;>rtY days next anterior to the day of sale, describ- 
ing the land, and statir.g the time, terms and place of sale ; 
and if any newspaper is published in said county, said ad- 
vertisement shall be printed tlieroin for four weeks before 
the day of sale — if none, then it shall be scild under the no- 
tice aforesaid. 

School com § SS. upon the day appointed, the school commissioner 
missioaer to shall proceed to make sales, as follows,, viz : He shall begin, 
make sales. .^^ |.|,q xo^^ggt mimber of lots and proceed regularly to the 
highest, till all are sold or offered. J^To lot shall be sold for 
less than its valuation by the trustees. Sales shall be made 
between the hours of ten o'clock A. M. and six o'clock P., 
M.., and may continue from day to day. The lots shall be 
cried separately, and each lot cried long enough to enable 
any one pi'esent to bid wdio desires it. 

payment to be | 89. Ujjon closiug the sales each dajf, the purchasers 
secured. gj-^g^p qq^qI^ pg^^^ q^. secure the payment of the purchase money, 
according to the terms of sale; or in case of his lailure to do 
so by ten o'clock tlie succeeding day, the lot purchased shall 
be again offered at pul>lic sale, on the same terms as before,, 
and if the valuation or more shall l)e bid, shall be stricken 
off'; but if the valuation be not bid, the lot shall be set down 
as not sold. If the sale is or is not made, the former pur- 
chaser shall be recpiired to pay the difference betv/een his 
bid and the valuation of the lot; and in case of his failing to 
make such payment, the school connnissioner may forthwith 
institute an action of debt or assumpsit, in his name, as com- 
missioner, for the use of the inhabitants of the township 
where the land lies, for the required sum; and upon making 
proof^ shall be en.titled to judgment, with costs of suit;, 
which, when collected^ shall be added to the principal of the 
township fund. And if the amount claimed does not exceed 
one hundred dollars, the suit may be instituted before a 
justice of the peace; but if more than that sum, then in the 
circuit court of any county wherein the party may be found. 

Unsold- lands § ^0. All lands not sold at public sale, as herein provid- 

subject to edtor, shall be subject to sale at any time thereafter, at the 

sale at valua- valuation ; and school commissioners are authorized and re- 

*^^^^' quired, when hi their power, to sell all such lands at private 

sale, upon the terms at which they are offered at public sale.. 

Trustees t^ § 91. In all cases where common school lands have been 
cause a new heretofore valued, and have remained unsold for two years, 
valuation. ^^^^^, having been offered tor sale, or shall hereafter remain 
unsold for that length of time, aftei- being valued and offer- 
ed for sale in conformity to this act, the trustees of schools 
where such lands are situated may vacate the valuation 
thereof, by an order to be entered in book A, of the school 
commissioner, and cause a new valuation to be made, if in 



3T 1859. 

their opinion tlie interests of tlie township will be promoted 
therehy. They shall make said second valuation in the 
same manner as the first was made, and shall deliver to the 
school commissioner a plat of snch second valuation, with 
the order of vacation, to be entered as aforesaid ; whereupon 
said school commissioner shall proceed in selling said lands 
in all respects as if no former valuation had been made : 
Provided^ that the second valuation may be inade by the Proviso, 
trustees of schools, without i^etition as provided in this act. 

§ '92. Upon the completion of every sale by the pur- Cei't'ficatGs of 
chaser, the school commissioner shall enter the same on book p^rdiase. 
B, and shall deliver to the purchaser a certificate of pur- 
diase, stating therein the name and residence of the pur- 
chaser, describing the land and the price paid therefor; 
which certificate shall be evidence of the facts therein 
stated. 

§ 93. At the first regular term of the county court in Statement of 
each year, the school commissioner sliall present to the court '^'^^ sch.coi 
of his county — first, a statement showing the sales of school ^o ' cmirW 
lands made subsequent to the first regular term of the pre- court, 
vious year, which shall be a true copy of the sale book, 
(book B;) second, statements of the amount of money re- 
ceived, paid, loaned out, and, on hand, belonging to each 
township or fund under his control — the statement of each 
fund to be separate ; third, statements copied from his loan 
book, (bookC. ) showing all the facts in regard to loans 
which are required to be stated upon the loan book ; all of 
which the county court shall thereupon examine and com- 
pare with the vouchers, and the said county court, or so 
many of them as may be present at the term of the court, 
shall be liable individually to the fund injured, and to the 
securities of said school commissioners, in case judgment be 
recovered of said securities, for all damages occasioned by a 
neglect of the duties, or any of them, required of them by 
this secti^3n : Provided, nothing herein contained shall be Proviso, 
■construed to exempt the securities of said school commissioner 
from any hability as such securities, but they shall still be 
liable to the fund injured the same as if the county commis- 
sioners were not liable, 

§ 91. The school commissioner shall also, at the time Transcript to 
aforesaid, transmit to the auditor of irablic accounts a full \^^ l°'d^Tor^^ 
and exact transcript from book B of all the sales made sub- 
sequent to each report. The statement required to be pre- 
sented to the county court, shall be preserved and copied by 
the clerk of said court into a well bound book kept for that 
purpose ; and the list transmitted to the auditor, shall be 
filed, copied and preserved in like manner. 

§ 95. Every j)m'chaser of common school land shall be Purchasers to 
entitled to a, patent from the state, conveying and a'ssuring ^g^r^^ ^ *"" 
^he title. Patents shall be made out b,y the auditor from re^ 



1S59. m 

turns made to him by the scliool commissioner. Tliej siiail 
contain a description of the land granted ; and shall be in 
the name of and signed by the governor, comitersigned by 
the auditor, with the great seal of the state affixed thereto 
by the secretary of state, and shall operate to vest in the 
purchaser a perfect title in fee simj^le. When patents are 
executed as herein required, the auditor shall note on the 
list of sales the date of each patent, in such manner as to 
perpetuate the evidence of its date and delivery, and there- 
upon transmit the same to the school commissioner of the 
proper county, to be by him delivered to the patentee, his' 
heirs or assigns^ upon the return of the original certificate 
of purchase ; which certificate, when returned^ shall be filed . 
and preserved by the school commissioner. 
Dsplifiate co- | 96. Purchasers of common school lands, and their 
pies. heirs and assigns, may obtain duplicate copies of their cer- 

tificates of purchase, and of patents, upon filing afiidavit 
with the school commissioner in respect to certificates, and 
with the auditor in respect to patents, proving the loss or 
destruction of the originals ; and such copies shall have all 
the force and effect of the originals. 

ACTS EEPEALED ^PUBLIC ATI OIT AND DISTEIBIJTiOlSr OF THE ACTj 

/u'ts repealed. g 97, An act entitled " An act to establish and maintain 
common schools,- " approved February 12th, 1849, and an 
act to amend said act, approved February 12th, 1851, and 
an act entitled " An act to increase the school fund, " ap- 
proved Febniary 10th, 1863, and all other acts and parts of 
acts coming in confijct with the provisions of this act, are 
hereby repealed. This act to be in force from and after its 
passage. 
Number 0? co- | 98, The public printer is hereby required to print 
I'les to be ^i^^j.^y thousand copies of a circular from the State Superin- 
distributed, tendent, including these amendments, for immediate distri- 
bution, and also fifty thousand copies of the whole act, as 
amended, under the direction of the Superintendent of Pub- 
lic Instruction, and to be distributed by him to the several 
eounties of the state, according to population. 
Apfkoved Feb. 21, 1859. 



In forne Feb. -^N ACT for the establishment and maintenance of a Normal Uuivyrsity. 
IS, 1S59. 

Section 1. £e it enacted hy the People of tJie State o^ 
Illinois, represented in the General Assembly, That C. 
Corporators. Demo, of JoDaviess county, Simeon Wriglit, of Lee county, 



39 185P. 

Daniel Wilklils, of McLean county, C. E. Hovey, of Peoria 
comity, George B. Eex, of Pike county, Samuel W. Moul- 
ton, of Shelby county, John Cxillespie, of Jasper comity, 
George Bmisen, of St. Clair county, Wesley Sloan, of Pope 
county, ISTinian W. Edwards, of Sangamon county, John 
Eden, of Moultrie county, Flavel Mosely, of Cook county, 
Wm. H. Wells, of Cook county, Albert R. Shannon, of 
White county, and the superintendent of jDublic instruction, 
■ex ojficio, with their associates, who shall be elected as herein 
provided, and their successors, are hereby created a body 
corporate and politic, to be styled " The Board of Educa- Style, 
tion of the State of Ilhnois," and by that name and style 
shall have perpetual succession, and. have power to contract General pow^ 
and be contracted with, to sue and be sued, to plead and be 
imj)leaded, to acquire, hold and convey real and personal 
property, to have and use a common seal, and to alter the 
same at pleasure ; -to make and establish by-laws and alter 
or repeal the same as the}^ shall deem necessary for the gov- 
ernment of the normal university hereby authorized to l^e 
established or any of its departments, officers, students or 
ismploj^ees, not in conflict with the constitution and laws of 
this state, or of the United States ; and to have and exercise 
all powers, and be subject to all duties usual and incident 
10 trustees of corporations. 

§ 2. The superintendent of public instruction, by virtue Supeiiutend't. 
«f his office, shall be a member and secretary of said board, 
and shall report to the legislature at its regular sessions the 
condition and expenditures of said normal university, and 
communicate such further information as the said board of 
education or the legislature may direct, 

§ 3. Ko member of the board of education shall receive Members not 
any compensation for attendance on the meetings of the compe'nsatir 
board, except his necessary traveling expenses; which shall 
be paid in the same manner as the instructors employed in 
the said normal university shall be paid. At all the stated 
and other meetings of the board, called by the president or 
secretary, or any live members of the board, five members 
shall constitute a quorum, provided all shall have been duly 
notified. 

§ 4. The objects of the said normal university shall be Object of as- 
to qualify teachers for the common schools of this state, by sociatwn. 
imparting instruction in the art of teaching, in all branches 
of study which pertain to a common school education, in the 
elements of the natural sciences, including agricultural 
chemistry, animal and vegetable pliysiology, in the funda- 
mental laws of the United States and of the State of Illinois 
in regard to the rights and duties of citizens, and such other 
studies as the board of education may from time to time 
prescribe. 



1859. ' .40 

Time of meet- | 5. The boai'cl of education shall hold its first meeting 
^"§ ^^ ^'^^'■'^ at the office of the superintendent of pnblic instruction, on 
' the first Tuesday in May next, at which meeting they shall 
appoint an agent, fixing his compensation, who shall ^dsit 
the cities, villages, and other places in the state, which may 
be deemed eligible for the purpose, to receive donations and 
proposals for the establishment and maintenance of the nor- 
mal university. The board shall have power and it shall be 
their duty to fix the permanent location of said normal uni- 
versity at the place where the most favorable inducements 
are offered for that purpose : Provided^ that such location 
shall not be difficult of access, or detrimental to the welfare 
and prosperity of said normal university. 
Appoint prin- § 6. The board of education shall appoint a principal, 
cipai and lee- lecturer on scientific subjects, -instructors and instructresses^ 
turer. together with such officers as shall be required in the said 

normal university, fix their respective salaries and prescribe 
their several duties. They shall also have power to remove 
any of them for proper cause^ after having given ten days' 
notice of any charge which may be duly presented and ]'ea- 
sonable opportmnty of defence. They shall also prescribe 
the text JDOoks, apparatus and furniture to be used in the uni- 
versity, and provide the same ; and shall make all regula- 
tions necessary for its management. And the board shall 
have power to recognize auxiliary institutions when deemed 
practicable : Provided^ that such auxiliary institutions shall 
iUaryr '^"^ ^ot receive any appropriation from the treasury, or the sem- 
inary or university fund. 
Each counV § 7. Each county v/ithin the state shall be entitled to 
entitled to gratuitous instruction for one pupil in said normal univer- 
struction for ^i^J 5 ^^'^ each re]3resentative district shall be entitled to 
pupils. gratuitous instruction for a number of pupils equal to the 

number of representatives in said district, to be chosen in 
the following manner: The school commissioner in each 
county shall receive and register the names of all appli- 
Application of cants for admission in said normal university, and shall pre- 
pupils, gent the same to the county court, or, in counties acting 

under townshij) organization, to the board of super^dsors^ 
which said county court or board of supervisors, as the case 
may be, shall, together with the school commissioner, ex- 
amine all applicants so presented in such mauner as the 
board of education may direct, and from the number of such 
as shall be found to possess the recjuisite cjualifications, such 
Selected by pupils shall be selected by lot ; and in representative dis- 
•*^t- tricts composed of more than one county, the school commis- 

sioner and county judge, or the school commissioner and 
chairman of the board of supervisors, in counties acting 
under township organization, as the case may be, of the sev- 
eral counties composing such rej)resentative district, shall 
meet at the clerk's office of the county court of the oldest 



Text books. 



Provide 



41 " 1859. 

county, and from the applicants so presented to tlie coniity 
court, or board of supervisors, of the several counties repre- 
sented and found to possess' the requisite qualifications, shall 
select by lot the number of pupils to which said district is 
entitled. The board of education shall have discretionary 
power, if any candidate does not sign and file with the sec- Eequiivd to 
retary of the board a declaration that he or she will teach ^}^ dedara- 
in the public schools within the state, in case that engage- *^°"' 
meuts can be secured by reasonable efforts, to requiresach 
candidate to provide for the payment of such fees for tuition 
as the board may prescribe. 

§ 8. The interest of the university and seminary fund, Appropriation 
or such part thereof as may be found necessary, shall' be and 
is hereby appropriated for the maintenance of said normal 
university, and shall be paid on the order of the board of 
education from the treasury of the state ; but in no case 
shall any part of the interest of said fund be applied to the 
pm'chase of sites, or for buildings for said university. 

§ 9, The board shall have power to appropriate the one 
tliousand dollars received from the Messrs. Meriams, of 
Springfield, Massachusetts, by the late superintendent, to 
the purchase of apparatus for the use of the normal univer- 
sity, when established ; and hereafter, all gifts, grants and 
demises which inay be made to the said normaf university 
shall be applied in accordance with the wishes of the donors 
of the same. 

§ 10. The board of corporators herein nahaed and their Teim of office, 
successors, shall each of them hold their office for the term 
of six years : Provided^ that at the first meeting of said 
board, the said corporators shall determine by lot, so that 
ome-third shall hold their office for two years, one-third for 
four years, and one.-third for six years. The governor, by Vacancies, 
and with the advice and consent of the senate, shall fill all l^ow filled, 
vacancies which shall at any time occur in said board, by 
appointment of suitable persons to fill the same. 

I 11. At the first meeting of the board, and at each Elect presi- 
biennial meeting thereafter, i't shall be the duty of said ^^^^ 
board to elect one of their number president, who shall 
«erve until the next biennial meeting of the board and until 
his successor is elected. 

§ 12. At each biennial meeting it shall be the duty of ^7°g"*g™J°^* 
the board to appoint a treasurer, who shall not be a member ° ^easur r, 
of the board, and who shall give bond with such security as 
the board may direct, conditioned for the faithful discharge 
of the duties of his office. 

§ 13. This act shall take effect on and after its passage^ 
and be published and distributed as an appendix to tlie 
school law. 

Approved Feb. 18, 1857. 



i:t^DEi: 



PAGE. 

Accounts of treasnrer, how to be kept 23 

Acste, this act not to repeal special acts.- 32 

■what, repealed by this act S8 

this to be in force, when.; 38 

how many copies of this to be printed 38 

how to be distributed.. 3? 

Actions. See " Suits." 

Advertisement of sale of school lands. , 35 

see "Notice." 

Apportionment, how made among townships 7 

funds to schools compos'd of different districts 12 

how made in forming new districts 12 

Attachment, in what cases, may issue... 19 

Auction, lands may be sold at, by trusteess 15 

Auditor of public accounts, his duties 29 

ghall make dividends of school funds 29 

shall issue warrants for same 29 

to be furnished with transcripts of sales....... 37 

shall issue patents to purchasers of school 

lands , .^7 

inay issue duplicate copies of patents..; 38 

Bonds, of superintendent. „ , 3 

of school commissioners 5 

form of 6 

of township treasurer, where to be filed. 7 

directors may issue for borrowed money. 18 

how such are to be execiated 18 

of township treasurer „ 23 

Bo(&s, for school coimr^issioDer, how paid for.,.. 3 



Causes (jf action, existing to remain valid 32 

See "Suits." 

OrtLficates, of board of directors 17 

of teachers i 20 

of teachers, to bs attached ti^schediiles 21 

form of ' 21 

of directors, to be attached to schedules...... 22 

form of , 22 

of purchase to be given 37 

of purchase, duplicates may issue... 38 

Clretilars, to be issued by superintendent 4 

Cities. See " Towns aid Cities." 

Clerk of board of trustees, how appointed..j 11 

duties of. 11 

must join in executing conveyances ]4 

Off board of directors., 16 

Of board of directors to sign bonds 18 

ftounty, to make computation of taxes 17 

oominitation to be final .■ •■ 17 

Aall deliver to treasurer certificate of amouiit 

due , 4. 17 

itow to proceed where a district is in two 

counties. 18 

6o1]9Ctor, county to paj- over taxes to township 

treasurer.. 17 

in case of refusal to pay over, may be sued... 18 

cot liable for taxes he could not collect. 18 

to pay over taxes on warrant of auditor....... 29 

to pay gold and silver, 29 



PAGE. 

Collector may bo proceeded against in county 

court 2& 

compensation of 3G 

Compensation, of superintendent 5 

of collectors 30' 

of commissioners..... 30 

of township treasurers 30 

of f^ounty treasurers.- 30 

Common school lands. See " Lands " and " Heal 

Estate." 
Common school funds. See " Funds " and "Mo- 
neys." 
Commissioners. See " School Commissioners." 

Comprojcnise, may be made by trustees 16 

Consolidation of two or more districts 14 

Contracts, to remain valid 32 

directors shall not be interested in 16 

Conveyances, of school sites, how executed 14 

to trustees, how to be made 1$ 

of school lands, how made 37 

Costs, none to be charged against school oflScers, 

in certain cases.. 32 

of suits for trespassing on school lands 34 

See "Suits." 

Counties, not collecting funds, t© receive none 9S 

how taxes are to be distribnted to 29 

Courts, county, may remove school commission- 
ers 6 

may require new bond from commissioners... 6 

invested with jurisdiction in certain cases...- 18 
shall have jurisdiction in trespass to school 

lands 34 

shall have jurisdiction in actions against 

collectors - 2? 

fiamages inay be awarded against collector !$■ 

may be awarded on breach of mortgage 25 

Devise, may be bequeathed to trustees 14 

Debts, due to schools, to be first paid 26 

Directors, school or district, 

dtity of, to transfer pupils.. 12 

to have control of schools formed from two or 

more districts 12 

to draw orders for money 12 

to pay share of expenses 12 

to have control of school houses, &c 14 

may convey school site: 14 

election of 15 

in case of vacancy in board of, how filled 16 

to appoint a clerk... K( 

shall not be trustees - 16 

shall not be interested in contracts 16 

may levy a tax for school purposes 16 

shall determine amount necessary to be 

raised for school purposes.. Mi 

shall determine what rate per cent, shall be 

levied 1^ 

shall make known estimates, with a list of 

tax payers to county clerk by certificate... 16 

form of certificate .- If 

shall inform collector, where districts are 
composed of several townships, to what 

treasurer to pay over taxes IT 

how to proceed where a district is in two 

cotinties ..< 10 



ii] 



mDEX. 



Directors, school or district — 

may borrow money 18 

to "be a body corporate, Ac 20 

may piirchase libraries , 16 

.shall establish schools, erect houses, <tc IS 

shall visit schools IS 

shall appoint teachers 19 

may dismiss them , 19 

may expend surplus moneys IR 

liable for balance dne teachers IS 

when esecntion may issue against 19 

shall examine and certify to schedules 22 

form of certificate 22 

shall file schedule ^vitb treasurer 22 

not to certify schedule in certain cases 22 

exempted from working (>n roads and serving 

on .inries 30 

liabilities of 30 

penalty for failing to perform duties 31 

heretofore appointed, to continue in office 

until successors are elected 32 

See "Officers of schools." 
Directors of union schools, how appointed, and 

their duties 12 

Distribution, how made in formin.s; new districts, 13 

how mad.e in dividing districts 16 

of taxes, to counties 29 

Districts, school, maybe formed from two or more 

townships 12 

pupils, from two or more, may be transferred, 12 
when several districts are consolidated, new 

district to own the property 14 

in case of division of. funds to be distributed, 14 
when composed of two or more townships, 

howto collect taxes 17 

when situated in two counties, how taxes ai'e 

to be co'lected 18 

Mvidends, of school tax, to be declared by audi- 
tor 29 

to be paid on auditor's warrants 29 



Elections, of superintendent of public instrv. ction 3 

of school commissioners ,5 

of trustees of schools 9 

trustees to act as judges and clerks of. 10 

manner of conducting, for trustees '. 9 

qualification of voters at, for trustees 10 

incase of a tie in, for trustees 10 

judges of to deliver to school commissioner 

poll book and certificate 10 

poll book and certificate to be evidence 11 

of school directors 1.5 

judges of, their duty 16 

for purpose of raising funds, to be submitted 

to the peop'e -19 

shall be held before issuing bonds for bor- 
rowed money 18 

shall be held in order to erect or change 

school houses , 19 

Evidence, receipt of township treasurer shall be.. 7 

school commissioner may give 9 

poll book and certificate of election to he 11 

poll hook and certificate of election to be 16 

ExR,mination, of books, notes, accounts, Ac, to be 

made 14 

of teachers 19 

Rxscutions. See ".Indements and Executions." 
Exemption, of school oflRcers from working road, 

serving on juries, &e 36 

Kxpenses of supporting scliools. how paid 12 

Executors and administrators shall pay school 

debts first 25 



I'ines. See '■Penalties.", 

Funds, maybe withheld by superintendent......... 5 

bounty, may be loaned.. I. u •, ...... 7 



PA(JE. 

Funds, tax, how divided in formation ot new dis- 
trict 12 

how distributed by trustees 12 

trustees may make orders for collection of..... 12 

iiow distributed in division of a district 14 

not to be paid out except as designated 20 

what shall constitute the principal of school.. 27 

no part of school, to be expended 28 

how to be paid out .■...., 28 

form of order 28 

what shall constitute school 28 

where a county fails to collect taxes, not to 

be received by such county 28 

state to pay interest on school 2.9 

dividends to be made by auditor, of school.... 29 

to be paid on auditor's warrants 29 

not to be paid to local treasurer in certain 

cases 33 

persons of color to have benefit of 33 

statement of, to be made by commissioner 37 

See " Jiloneyg." 



G- 
Gifts and grants maybe made to trustees 14 



I. 

Improvements, liable to be desti'oyed, not he in- 

cUUled in mortgages 2o 

Indictment, persons liable to, for trespassing on 

school lands 34 

Interest, on money loaned, account to be kept by 

commissioners 7 

of county fund, how to be applied 7 

what rate of, may be levied by diiectors 16 

on money borrowed by directors 18 

rate of. on money loaned by treasurer 14 

proceedings in case of failure to pay 26 

to be paid by the state on school fund 2S 



Judgments and executions, real estate may be 

purchased by trustees in satisfaction of 15 

for damages against collector 18 

in what cases executions may issue against 

trustees and directors 19 

may be rendered by county court against co'- 

lector '. 29 

in case of, against treasurer 31 

to be a lien from date of process 31 

.Tilstices of the peo.ce to have jurisdiction in cer- 
tain cases 26 

to have jurisdicUon in certain cases 34 

in case of failure to pay over fines, &c 34 



Xi. 

Lands, school, petition for sale of, to be recorded... 6 

account of sah'S Of, to be kept 6 

purchases of, declared valid 15 

leases of, to remain valid 32 

lieretofore offered for sale, liow to be sold 33 

what shall constitute school 33 

business of townsliips shall be transacted in 
the county which contains greatest portion 

of ^ 33 

penalty for cutting trees on 34 

penalty for trespassing on 34 

sales of, bow to be made 35 

what numljer of iuhiibirants atownsliip shall 

contain in order to sell 35 

how to be subdivided .35 

terms of sale of 35 

place of selling 35 

notice of sale of. 36 

school commissioner shall sell, arid h6w.......i ^ 



INDEX. 



[ iii i 



PAGE. 

Lands, payment for, bow to be macJc 36 

uusokl, bow to be disiio.seil ol' bO 

certificate of pnrch;i>e to be !,'i\\u :J7 

statement of sales of. now nuul:- oT 

transcript of sales of, to be niaiie to cimiilor... 117 

purciiascrs of, to receive a patent ST 

See •• Ileal Estate." 

Leases, of scbool lands to reuiain vili^l 32 

Liabilitie.^,'of school oliuer,, oO 

real estate bouml lur ehiiais aua.iust school 

oiiicers 31 

See •• iV-nalties.-"' 

Libraries, may be purcbascii by yirecrois IG 

Liens, processagaiuat school oihcers slia;l inj irum 

date 31 

Loans, of money by treasuicr, to be niail^' '24= 



IVE. 

Mandamus, may be issucil iu certain cases 10 

Mtips, of townships to be prepared 11 

to be certified and recorded 12 

Meetings, for examination of teachers 2U 

Monays, to be delivered by school commissioner 

to successor S 

ma3' be loaned bj' school commissiuncr 8 

to bo paid on order of the directors 12 

for rise of towLship to be paid to treasurer... 14 
for school purposes may be raised by diiec- 

tors IS 

rate per cent, to be determined by directors... 16 

may be borrowed by directors 18 

surplus, maybe expended by dii'ectors 16 

may be loaned by treasurer 2-t 

additional Security may be required 25 

See '■ Euuds. " 
Mortgages, in name of school commissioner de- 
clared valid 8 

Buits may be brought on, and hovi- S 

may be canceled by trustees l-i 

to be taken for money loaned by treasurer... --i 

form of 2.J 

iu case of breach, suit may be maintained, 'J,5 
improvements liable to be destroyed not to be 

included iu T 25 



nxr. 

Negroes. See "Persona of color."' 
Nota^ in name of school commissioner declared 
Taild - 

how suits may be brought on 

may be canceled by trustees 

may be taken b}' treasurar for money loaned.. 

Notice of sale of school site to be posted 

of sale of real esr.aip 

of election of''.;- T. 

of election to :- 

of election to cli->.-.-- ..i, .i houses 

of meetings for examination .jf te;ichers 

of sales of school lands 



o. 

Office, term of, of superintendent. 

oath of, superintendent 

term of, of <=!■],,, .■.; '■,-:mt>uA<u.-.. 
term of, tr 

school C'':; 

succes.->.j..- ... 
trustees of scho. 

cessors electee;. . 
directors io '•"" 

ted 

Officers of scii 

serving i,.. j 

liabilities oi 

real estate of, sr. 

subject to penaltj ^.^ .-i.-.^o n 



]g roads, 



luty. 



PAGE. 

Officers of schools responsible for losses 31 

not liable for costs in certain cases 32 

heretofore appointed to continue iu oifice un- 
til succei^urs are .•lecfvd 32 

in tov. ' 33 

Oflicers ni ■ ;s in certain 

ca:,e- 32 

in case, i'aillo pay over hne.s, ic 3i 



Patents, to be given to purchasers of school lands.. 37 

how to be issued 37 

duplicate copies of. may be issued oS 

Payment, for school lamis, loiw to lie made 35 

Penalties, what, collectors may be subject to 18 

what, township treasurer may be subjectto... 26 

wiiat, school officers may be subject to 3(J 

what, sciiool officers may be subject to for 

failing in their duties 31 

what, in case of false returns 31 

how disposed of 32 

for cutting trees on school lands 34 

for trespassing on schools lands 34 

how collected 34 

how disposed of 34 

Persons of color, to have i.enefit of school fund in 

certain cases.. 33 

Petition, for sale of school lands sliail be presented 34 

how, shall be signed, &c 35 

Postageof superintendent, how paid 5 

Process, iuwhat cases to issue 19 

howto be served , 19 

fromdatesha.il bi ;. i )' 31 

Presideutof boaid"! n ■■-'. -s. biiwaiomiuted 11 

dirty of 11 

may e.\ecute couveyai. . .-i IG 

of board of directors to si^ii lunds 18 

Property of a district to l.>e di.~tril'Hted iu case of 

a division 14 

Pupils of two oriuore distiiils. ianv transferred.. 12 

Purcfaaseof real estate by trustees 15 

of school lands by persons, how made 35 

certificates of, to be given 37 

Pijrchasers of school lands to recei^ patents S" 

may obtain duplicate patents SS 



Qualifications, of teachers IS 

Real eitate, taken for debts may be resold 9, 

may be purchased by trustees in certain cases.. 15 

title to. to ve.^t iu trustees in cert-ain eases 14 

mayb''ii' ■■li'li 'nusteesin con;pro!aise 15 

may b ■ i ' :: i Ion by trustees.... 15 

sales of, bow iii..ei'' 15 

purchases of, declared Vii! id 15 

shall be bound for claim-: aga.iiisi school 

oflicers from date of proce.-s 31 

sale of, shall not defeat lien 31 

may besoldinsatisfactiouof judgment 31 

See "Lands." 

Removal of township treasurer, bow made 1 4 

of teachers, howmaile 20 

Reports of superintendent 4 

when to be made to governor 4 

to be laidbefore general assembly 4 

of schools iu towns and cities 33 

Returns, in caiieof oflicer making false 31 

Rules and regulations may be made by superin- 

leudent 4 

S. 

Salary of superintendent .'.... J> 

when and how paid 5 

Sec "Compensation." 



[iv] 



IKDEX. 



PAGE. 

Salesof school house and sites li 

of landsat auctiou 16 

shall uotalieoc lieu ou real estate 31 

of Bciiool lauds, how to be made 34 

of school lauds, terms of 35 

of school lauds, place of selling 35 

of school lands, advertisementot 35 

of school lands, to beniade by commissioner.... 36 
of schools lands, payments iiow to be made... 3(3 

unsold lands subject to private sale 36 

statement of, to be maac by co.i.iuiiiiouer... 3/ 

transcnptui, co be luruisaed to auditor 37 

Schools, uuder supervision of superintendent 4 

information respecting, to be communicated 

to superintendent 8 

to be visited by school commissioner 8 

may be established comprising pupils of dif- 
ferent districts 12 

when so established, how supported 1^ 

directors to have control of 1^ 

expeuseof supporting, howpaid 12 

union, how formed 1- 

devise or grant may be made to 1-4 

directors to determine amount; necessary for.. 16 

to be established by directors IS 

not to be extended longer ttian six mouths 19 

School commissioners, to advise with superin- 
tendent 4 

when and how elected 5 

to give bond 5 

condition and penalty of boudof 5 

action maj' be maintained on boudof 6 

form of bond of. 6 

liable to be removed by county court 6 

shall give liew bond if required 6 

vacancy iu office of, how liHed 6 

to provide books of record 6 

to record petitions for sale of lauds 6 

to record plats, &c 6 

to Ijeep auaccount of salesof lauds 6 

to keep auaccount of money loaned 7 

booiiS, how ijaid for 7 

shall hie bund of township treasurer 7 

shall deliver to towuship treasurer all bonds, 

notes, mortgages, -fee 7 

shall take receipt for same 7 

receipt to be evidence 7 

shall make apportionment among townships, 

and how , 7 

shall pay over distributive share to treasurer 

annually 7 

shall loan county fund 7 

interest, how to be applied 7 

shall give informatiou to superintendent 7 

shall deliver to successor all property, on ex- 
piration of otiice S 

may loan moneys in same way as treasurers.. 8 

notes, mortgages, &c., in name (jf, valid 8 

suits may be brought innauie of 8 

duty of, to visit schools, give directions, &c.... S 
may employ a comxjetent person to furnisii 

information, statistics, Ac, in certain cases. S 
person so employed to have access to books, 

papers, itc, of township S 

to pay compensation to person so employed... 8 
to collect the amount so paid in action against 

trustees 9 

may be witness in such action U 

money so recovered to be paid overto 9 

may resell real estate taken for debts 9 

may retain per centage for selling 9 

shall examine teachers and give certificate.... 19 

may revoke certificate i!U 

to fix a time for examining teachers 2U 

may proceed against collector in county court 29 

compensation of 30 

exempted from worliing roads, serving on ju- 
ries, &o , 30 

liabilities of 30 

penalty for failing to perform duties 30 

term of oftice of 32 



PAGE. 

School commissioners not to pay funds to local 

treasurer in certain cases 33 

may briug suits against officers failing to pay 

over tines, itc 34 

shall sell school lands, and in what manner... 35 

shall give to parcliaser certificate 37 

shall make stateuieutsof sales, moneys, &c... .37 

shall furnish to auditor trauscripi; of .>ales.... 37 
School directors. See ■• itireciors. " 
SchuDl uiuu. »eo "I'unds" and "Moneys." 

fcchool bouses, title to, vested in trustees 14 

control of, vested in directors 14 

may be conveyed by directors 14 

shall not be erected or changed without an 

election 19 

School lands. Bee " Lauds " and " Real Estate. " 
School sites. See ''Sites." 
ScUool trustees. See ''Trusteesof Schools." 
School taxes. See '■ Taxes. " 

Schedules shall be kept by teachers 21 

what, shall contain -1 

form of 21 

to be certified by teachers 21 

tobe delivered to directors 22 

to be examined by directors, 22 

to be certified by directors 22 

to be tiled with treasurer 22 

not to be certified in certaincases 22 

Section, sixteenth, declared scliool lands 23 

Securities, boundfor demands against principals.. 31 
of school commissioner not exempted from 

liabilities 37 

additional, maybe required in certain cases.... 25 
Settlement may be made with trustees by persons 

indebted 15 

Sites for schools, salesof, how made 14 

purchases of, how made 19 

Sixteenth section, declared school lands 33 

State shall pay iiiteieston school fund 29 

Statement o; coudiciuu of schools to be prepared. 13 

whaLsli.iU be cuut.ULied ii 13 

of treasure!' to be laid before trustees 26 

whatsli.ill becoiicaiOL'd in such 26 

of salesof land and moneys received by com- 
missioner 37 

Stationery, allowed to suijeriuteudent 5 

Suits, may be brought on nutes, mortgages, Ac, 

by commissioner , 8 

sciiool commissioner may be a witness in 9 

may be brought against treasurer 15 

may be brought against collector for refusal 

to pay over 18 

damages to be awarded in 18 

may be maintained for breach of condition in 

mortgage 26 

how brought for interest on money loaned 26 

all suits may be brought in name of trustees.. 26 
may be brought^gainst treasurer, on bond... 26 
may be broughnu county court against col- 
lector ". r. 29 

nray be brought against trustees for iiisuHi- 

ciency of treasurer's securities 30 

may be biouglit against oSicers failing in 

their duly 31 

costs of, not to be, ciiarged in certain cases 32 

maj' be maintaiued for trespassing on scliool 

lands 34 

niav he maintained for cutting trees on school 

lauds 34 

how brought for penal ties 34 

how brought against pui'chasers of lauds 36 

Superintendeut of public instruction, when and 

how elected S 

term of ottice of 3 

oath of office of. 3 

office of, where to bo kept 3 

boudof, penalty and conditions of 

books and documents to be preserved by 

record to be kept by 

to pay over moneys •» 

to advise school commissioners and teachers... 4 



INDEX. 



[V] 



/ 



PAGE. 

■rujxiriijtejuleiit of public instruction to lia\e su- 

pervisiou of schools 4 

to issiie circulars 4 

to mate reports to governor 4 

conteutsof report of. 4 

to make rules and regulation.- 4 

to explaiu and interpret tliis act 5 

his iiecisiun to bo liual, except in rrilain cases 5 

may cause funds to le wilirueld 5 

salary of, when andhow paid 5 

to be allowed postage, statmnery. &c ;j 

shall superintend p\iblicatiou of this act 3S 

shall distribute this act, and in wliat niauuer.. 38 



T, 



'Taxes, school, how distributed wiien new district , 
is formed 

directors may levy 

directors may levy 

to be computed bv county clerk 

how collected I 

to be paid Ijy collector to township treasurer... 

iu ca-e of refusal of collector to pay over 

how collected where district is iu two coun- 
ties 

shall not be levied lor extending school 
longer than sis mouths 

two mill, to constitute school fund 

where county fails to collect, it shall receive 
none 

di\"i<K-niis of, to be made by auditor 

levied, to remain valid 

pers"!],- of ciiior to have ijenebt of 

Teacliers, ijiiiance due them alter lund is ex- 

i ' • ■ \, 'iii ted by directors 

!■ : !'ai of, re,i;ulated by dircctois 

!. .', I. -;iiissefl by directors 

Iu be examined by commissoner 

ipriiiScations neeessarj- for 

til receive certilicate 

form <d' Certilicate 

!neetin.-;s for examination ol 

iuea;-xwi' failure of.toattend examination 

to e.\:.iblt certificate btf ri' le'eiving funds... 
Diav teach particuar brai ciier iu certain cases 

slia'il keep schedules 

form id' schedules 

shall attach certificate to schedules 

to deliver schedules to directors 

not receive compensation untd schedule is 

filed , 

Title to real estate to vest in trustees in certain 



Towns 



cas 



this 



Hid nti- 
ct... 



.if, nut changed by 



ffficei's of.havins in charge school, duties of.. 

Townsliips. aiipurtii niaf nt auuiiig. hnw made 

disti'i v.tivf share i. f, to lepiild to treasurers 
aiiiiTiidy 

bUSin>.- ci'. to be ..lila- by llU:-tee> 

til be III liy Corp lat 

term of, name i f. .'ini! ^tyle of 

to be laid otf iu ui>tii b- 

map (d', to be prepared 

school di.-tricts may be formed from several.. 

when divided by c<'unty line separate en- 
umerations to be made 

to b.i considered as iucorpi rated by lids ait... 
Townsliiu treasurer. Si-e " T n asiu-er. " 
Traiisriiol of fales of school binds to bo furnishi'd 



Trcftsiir'r. I'V, lo blii. bi iid il". lo re filed by .-cli 

ceniii!--i' ii'T y 

monei-. ■ ■■>■■. I.e., to i-o drlivered to. 



to give i'.ri ipt lor loiiao 

receipt of, to be evjdesce 

distributive share to be paid to, annually, 
how appointed 



PAGE. 

Treasurer, township, accoimts of, to be examined. 14 

proceeds of salts of school sites to be paid to, 14 

moneys for use of townships to be paid to 14 

may be removed by trustees 14 

may be sued "u bond , 15 

collector tojaay over to, lull amount of tax... 17 

sch' dule to bo tiled with 22 

to give bund and security 22 

torm of bond of. 23 

to provide books and keep accounts 2o 

a e.iun s, how kept 2iJ 

shall loan money 24 

termsou which, shall loan money 24 

may require additiunal security _. 25 

if not given, .shall institutesuit..., 26 

shall have debts due probated and classed 20 

may bring suits for interest on loaned money 26 
shall keep all mumys, books, &c., of town- 
ship 26 

shall make statement to trustees, on certain 

days 26 

what shall be contained in statement of. 26 

penalty in case of faiuue to perform duties.... 26 

not liable in certain ea^es 26 

to deliver money, books, ivc, to successor 27 

in case of death of 27 

compensation of 30 

eX' ujpted from working roailSj serving on 

juries, &c 30 

liabiliujs of 30 

Trees, penalty for cutting, on school lauds 34 

Trespass on scho:.ii lands, bow punished 34 

Trustees of slIiooI^ tube body curp^^rateaucpolitic 9 

name and styieoi 9 

term of ulllce , 9 

eligii-i ity of 9 

election of 9 

el itiuu of, may t'e pustpunioi in certain cases 10 

to act as judgesand ef. rks at elections 10 

incase ul refusal of, tu serve atelections 10 

time and ruauuer of e.o>. ting 10 

qualifications of Vute: lo. io 

iu easeot a tie in oleeti- ii 10 

in I aseof vacancy iu 1 10 

to be successors lo tru :i .ul lands... 11 

property to be vested in 11 

to hold semi-annual meL-tings 11 

siiecial meetings of, how called 11 

how board of, shall be organized 11 

ma,y appoint a president 11 

may appoint a township treasurer 11 

may remove officers for cause 11 

duty of presidentof board ol 11 

duty of clerk of board ol 11 

must lay towushii) otf into districts 11 

to prepare map of township 11 

may form school districts from several town- 
ships 13 

to make division of ta.xes iu new district and 

how 12 

funds, li .w tu be distributwl by 12 

may make orders forcoliecti n of funds 12 

to a^rurtain amount in hands of treasurer.... 12 
to dr/iw oil treasurer for pavuient of teach- 
ers .■ 12 

may appoint direct rs . f iiui. n sehuob^ 12 

shall Uiakc statements of condition if schools 13 

what shall be contained iu statement of. 13 

dutv of, in case township is divided by county 

line 13 

shall n,.ikeixan)ii;,-i!i ii . I' b ok,-, mortgages, 

&c T.. ;;.... 14 

may leceive ileviso, giUui'graui 14 

ves:ed with title and custody of school houses 14 
president and c erk of board <.f, to execute 

co7ivev:in''es 14 

to ni-^n fbn iM'in>il.o .Vr., in divi-i :. f .iu :'.; 14 

sluili cm. u all ino]]..y,. (.. ■ . i>;udliti .'.-i;i r 11- 

niay remove iuwn.-,liii; iiua.aoei- 14 

may sue township treasurer 16 

may purchase real estate in satisfiction of 

judgement IS 



[vi] 



INDEX. 



019 749 602 



PAGE. 

Tru<5tees of schools, til.to to such estate to vest 

in, forsobool piirp'i.se:; 15 

may seitle with pevsojis icdebted 15 

may recei^'^o deeds to real estate in compro- 
mise lo 

may cancel b -nds, morto:ap;es. Ac 16 

may lease orsell iaiiil^ alauotim 15 

shall jiotbe interested in c ti :r,".ct.s 10 

shall notbe direct-.r. 10 

oxecution mayissne againsr, 19 

exempted from WTAin"' roads, serving on 

juries, &';.„... 30 

liabilities of _ KO 

liabiof<:r ku.V' J,Micy -f rreasiiver--s securities.. 30 

penalty for iaib'uc^- >;o pert' .rm du'vies » 31 

to continue in oflii-e until successors appointed 32 

how to proceed in selling school lands 35 



stees of school Innds. trustees of schools de- 
clared successors of , 11 



V. 



i^acar,ffy in office of school c( mmisn 
filled 

('acancy in board of trustees, hov/ fill 



-y^. 



Witness, school oommissionevmay lie... 
See '• Evidence." 



\ \ 



LIBRARY OF CONGRESS 



019 749 602 2# 



Hollinger Corp. 
pH 8.5 



